The Study About Insurance Interest In Property Insurance Contract

Insurance is a kind of dispersing risk system and is the design of human whenfacing dangerous, is known as the most perfect system founded by people tocompensating for losses in hunman history. And Insurance interest is the core ofinsurance law system, is know as the cornerstone of insurance order, in the insurancelaw to play an important role. Insurance interest originated in property insurance atthe earliest, is the core issue of property insurance, for a long time, is foused on by thetheory horizon and practical circles, property insurance interest related issues of thedisscussion has been very active in people. While the disussion for our nationalproperty insurance interest related question, is the important component of the theoryresearch about our country′s insurance law system. There is an important significanceto the of our country′s insurance legislation.The basic theory of property insurance interest is the foundation of researchingother problems about the property insurance, only clearing the connotation andfunction of property insurance interset in the first time, can better understand the otherproblems of property insurance interest. About the connotation of property insuranceinterest, civil law, commom law, chinese scholars form different theories because ofthe different understanding, but are “economic interest theory”,”interesttheory”and”legit interest theory” in summary. Of course, each theory has itsadvantages and defects, we should draw advantageous parts and abandon theirdeficiencise in the definition of property insurance interest. The connotation ofproperty insurance interest is defined as” the insurant have determinable economicinterests not prohibited by law to the insurance mark”. Insurance interest principle isone of the principle of the insurance law, property insurance interest as a kind ofinsurance interest, also has the function of the insurance interest principle: avoidingthe happening of gambling, preventing the occurence of moral hazard and limtingdamage compensation degree. Only by giving full play to the principle of insurance interest, insurance can health rapid development down.Our country “insurance law” has been revised in2009, including of the revision ofthe regulation about property insurance interest. And compared with revision before,the current property insurance interest legislation has made great progress, mainlyreflecting in several aspects: one is the main body of property insurance interestrevised from the original policy‐holder to be the insurant, in favour of realizing theproperty insurance destination and giving play to the function. Two is the aging ofproperty insurance interest revised by original no clear rules for the insurance accidenthappens, to expand the scope of the property insurance business and the developmentof the property insurance industry. Three is the legislation progress about the transferprovision of the property insurance interest, to the provisions about causing thetransfer of property insurance interest for the cession of insurance mark, changing theprovision of the revised before about the cession of insurance mark must obtaining theconsent of the insurer to change just happening the transfer of insurance interest,revised for insurance interest certainly transfer with the transfer of the insurance mark,at the same time, increasing the announcement obligation of the insurant or theassignee. Such provisions, better protecting the interests of all parties of propertyinsurance contract, in forver to the convenience of trade and the commoditycirculation, more favorable to the development of the economy.Although “insurance law” has maked great progress in the above aspects in theprovisions of property insurance interest, but the current property insurance interestlegislation still exist many problems, the problems mainly displays in the followingthree aspects: one is the existing problems about the prosivion of the propertyinsurance interest range, the prosivion of the property insurance interest range in the“insurance law” just reflectes in the general provision about the insurance interestconcept, is also too principle and general; and is no specific provision about theproperty insurance interest range. Two is the existing problems about the provision ofthe tranfer of property insurance interest, there is no provision of the starting timeabout the transfer of property insurance interest for cession in “insurance law”, and noprovisions about the conditons of the transfer of property insurance interest for the inheritance,bankruptcy. Three is no provision about the eliminate of propertyinsurance interest. These problems resulted in the applicable unified of propertyinsurance interest legislation in practice, causing many disputes, also going against thesettlement of the diputes.Therefore, in order to perfecting the legislation of our country’s property insuranceinterest, we shall be to define the concept of property insurance interest, defingas”property insurance interest is to point to the determinable economic interests notprohibited by law owed to insurant to the insurance mark.” And adding the provisionabout property insurance interest range, under the guidance of the principles followedin determining the property insurance interest range, in the way of summaring andlisting, based on the provision of the concept of property insurance interest, to belisted the types and the specific conditons of property insurance interest. Perfectingthe provision of the transfer of property insurance interest, to make specific provisionsabout the starting time of the transfer of property insurance interest for cession, theconditons of the transfer of property insurance interest for the inheritance,bankruptcy.Adding the provision about the eliminate of property insurance interest. Suchsuggestions help perfect our country’s property insurance interest, better play to thesafeguard function of the insurance, also be helpful for promoting the development ofthe insurance industry, more conducive to promote commercial trade and thedevelopment of sociaty and economy.