On The Perfection Of The Insurance Act In Respect Of Insurable Interest Requirements

Insurable interest has great theory and practice meanings as one of fundamental principles on insurance laws. Insurance Law attaches much importance to the theory of insurable interest. In 1995, the Insurance Law of the P. R. C. was adopted, which gives a definition of insurable interest by the 12th article and stipulates the specific substance of insurable interest in life insurance by the 53rd article. Obviously, insurable interest plays an important role in the insurance law of China. However, there's no thorough and systematical research made by the circle of commercial law. Thus, I'd like to introduce foreign laws concerned and research insurable interest by ways of comparative law science and economics to attract the attention of law scientists.Insurance contract can be divided into property insurance and personal insurance. The first part of the thesis is the discussion about personal insurable interest. Through the study this paper concludes that health insurance and accident insurance should accord to the double rules, say, Consent of Insured Rule and Insurable Interest Rule. On the other hand, the author holds that principle of insurable interest in life insurance can be replaced by consentism in the continental genealogy of law. Meanwhile, the author explains the meaning, content and function of consentism. Then, other chapters are on the interest of property insurance. Who own the insurable interest and when insurable interest exists concern the effect of property insurance contract. The author puts forward that the assured need own insurable interests when the insurance accident happens. Instead, it is unimportant whether the insurant has corresponding insurable interest, whether the insured own the insurable interest when the insurant contract with insurer. Due to many kinds of reasons in the economic life, insurable interest will transfer from one hand to the other hand. This will influence the effect of the insurance contract differently. Based in economic factor, it's transformation allowed by the law. Finally, synthesize the whole argumentation of one, the author put forwards some suggestions of perfecting to insurance law of our country.