The Research On The Insurable Interest Of The Carrier In Purchasing Cargo Insurance

Driven by the development of the Internet and e-commerce,the logistics industry has developed rapidly.However,affected by the unknown and judicial practice opinions of the current legal system,in the practice of logistics insurance,the carrier is often identified as no insurance interest due to the "mismatch of insurance",and a large number of disputes are caused.Unexpectedly,it is necessary to revise legal norms or properly explain the current legal norms to form a unified interpretation to respond to the practical dispute of whether the carrier should have insurable interest.This article believes that it should be determined that the carrier should have insurable interest when the cargo transportation insurance is insured.Firstly,to demonstrate this view,this article combines the differences in judicial referee,and takes the basic principles of insurance law as the jurisprudence.For example,based on the principle of the utmost good faith in the insurance law,the insurer did not inform the "type of insurance mismatch" in advance that it may not have insurable interest and cannot be compensated.It is also known that the insured person does not have the right of insurable interest.,It should be determined that the insurer is acquiesced to recognize the insurance interests of the carrier’s insurance type;Combing the principle of indemnity,the amount of compensation received by the carrier when insured under freight insurance does not violate the quality requirement of "no damage,no insurance compensation",nor does it exceed the actual loss of the goods,the insured amount,and the insured value in terms of quantity;According to the principle of reasonable expectations,when there is a contrary understanding between the professional understanding of the insurance contract and the reasonable expectations of the insured for the insurance contract,the principle of "meeting the reasonable expectations of the insured" should be followed,and the explanation should be conducted in a way that is conducive to protecting the interests of the insured determined by the carrier when applying for freight insurance,that is,the carrier should be supported to have insurance interests under the insurance of freight insurance.Secondly,combined with the changes in domestic and international systems for determining insurance interests,it can be seen that the "economic insurance interest theory",which breaks through the constraints of substantive law and investigates economic interests,is more suitable for the development and changes of the economy.It also provides theoretical support for carriers to have insurance interests under cargo insurance;In addition,based on the expanded interpretation theory of the methodology of civil law interpretation,the current Insurance Law’s standard of "legally recognized interests" for insurable interests is expanded to three categories: existing interests on property,expected interests based on existing interests,and liability interests.Therefore,when the carrier insures freight insurance,they should also enjoy insurance interests based on liability interests.Finally,on the basis of recognizing that the carrier has insurable interests in cargo insurance,this paper puts forward suggestions for the corresponding amendment of the Insurance Law and judicial interpretation.In addition,this paper also makes supporting arrangements for the insurer’s right of subrogation to balance the interests of the cargo owner,the carrier,the insurer and other subjects under the transaction mode,and promote the coordinated and healthy development of the insurance industry and logistics industry.