On The Transfer Of Insurance Subject In Property Insurance

As for the time of property insurance subject transfer,the academic circles have formed the theory of ownership transfer,risk transfer and substantial risk transfer.The transfer of insurance subject matter may lead to the transfer of insurance benefits.The legislative principles on the transfer of property insurance subject matter inside and outside the territory mainly include personalism,materialism,and eclecticism.The Insurance Law,which was revised in 2009,adopted "materialistic" legislative legislation,replacing the "personal principle" in the old law,and protected the interests of the assignee of the insurance subject to the maximum in the form of legal rights.However,the unconditional application of materialism will increase the operational risk of the insurer to a large extent.The obligation of the insured and the transferee of the insured subject to the notification of the transfer facts stipulated in China’s "Insurance Law" is the main content of the transfer rules of the property insurance subject.The regulation of it mainly takes into account the characteristics of "information asymmetry" in insurance relations,the incarnation of unreal obligations in insurance contracts and the application of the principle of change of circumstances in insurance law.The main points of the rules of the notification obligation of the property insurance subject transfer are: first,the subject of the obligation is the insured or the transferee of the insured subject;second,after the notification obligation is fulfilled,the insurer has a requirement to increase the insurance premium or terminate the insurance contract;third,the insurer shall bear the insurance liability in accordance with the law after the notification obligation is performed in a timely manner and before the insurer replies;fourth,the notification obligor shall bear the corresponding legal consequences if one fails to perform the notification obligation;Fifth,the "significantly increased danger" clause in the notification obligation.The current "Insurance Law" has stipulated the insurer’s obligation to explain the transfer of the subject-matter insured to control the content of the insurance contract.However,due to the obvious limitation of the scope of the description,the subject and the standard,the obligation to provide information should be reasonable.The two dimensions of the expectation principle reshape it,which is the theoretical level to improve the transfer rules of the subject matter insurance.It is reasonable to apply the contract commitment theory to the transfer of property insurance subject matter.Article 49 of the Insurance Law breaks the guiding role of the contract commitment theory in the general contract transfer.It should return to the essence of contract commitment.This is the technology level to improve the transfer rules of property insurance subject matter.