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Legal Analysis of Insurable Interest

Author: ChenShengLi
Tutor: JiaDengXun
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: Insurable interest Legal analysis Principle of Insurable interest Life insurance
CLC: D922.284
Type: Master's thesis
Year: 2007
Downloads: 298
Quote: 3
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Abstract


The insurance is one system dealing with danger. There are two kinds of danger that the system of the insurance faces: Insurable danger and Moral hazard. The former is an uncertain disaster which the insurance parties and relative people are unwilling to see. The latter is an artificial disaster made by some speculators for the sake of the insurance premium.The principle of insurable interest is a principle which copes with moral hazard. In history, the understanding to insurable interest keeps changing and developing, its basic reason lies in the swift development of commercial economy. It must be in conformity with economic base that the insurance legislates to be regarded as superstructure.Some questions still exist in the provision on insurable interest of "Insurance law" of our country. The regulations about the subject of insurable interest and the existing period of insurable interest, have still followed the traditional legislative idea, thus can’t be in conformity with market economy. In terms of the insurable interest in life insurance, Insurance law of our country wants to adopt the medium mode, but the superiority of the mode has not embodied in the concrete clause. Because of this, I propose my opinions:Insurable interest is a legal stake. In the property insurance, insurable interest reflects as legal economic benefit. The insured should have insurable interest when the accident of the insurance happens; Otherwise, can’t accept the insurance premium. After the accident of the insurance happens, the insurance premium the insured accepted can’t be higher than the insurable interest.In the life insurance, the insurable interest reflects the insured’s trust. The natural emotion or economic benefits relation exist because of the parties, the law infers with good intention that the relative or the interest people have insurable interest, but the insured can deny the inference. On the basis of the insurance contract of the natural emotion, its insured amount is up to the insured, or is up to insurer after the insured agree. The insurance contract on the basis of the economic benefits relation, the insured amount is restricted by two sides: One, for the amount of money that the insured decide, the other is the value of this "economic benefits". But, if beneficiary is the insured at the same time, the insured amount does not receive the restrictions of this "economic benefits".

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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