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The Structure of Insurance Contractual Rights and the Subject of Insurance Interest

Yun Gao

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Abstract

Insurance interest is the spirit of insurance law as well as the unique category of insurance law.The subject of which reflects the reasonability and the function of insurance legal norms.Since the structure of insurance rights decides the subject of insurance interest,it is important to make clear the relationship between rights structure of insurance contract and subject of insurance interests.The rules of China's law in this area are misleading in many aspects,which will make barriers for people who want to realize their life by insurance,and for the functioning of insurance interest rules against moral risks.In the future,if the Insurance Act is amended,the legislator should re-design the rules based on a right understanding on the fore-mentioned relationship.

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What this paper is about

Insurance interest is the spirit of insurance law as well as the unique category of insurance law.The subject of which reflects the reasonability and the function of insurance legal norms.Since the structure of insurance rights decides the subject of insurance interest,it is important to make clear the relationship between rights structure of insurance contract and subject of insurance interests.The rules of China's law in this area are misleading in many aspects,which will make barriers for people who want to realize their life by insurance,and for the functioning of insurance interest rules against moral risks.In the future,if the Insurance Act is amended,the legislator should re-design the rules based on a right understanding on the fore-mentioned relationship.

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Available abstract

Insurance interest is the spirit of insurance law as well as the unique category of insurance law.The subject of which reflects the reasonability and the function of insurance legal norms.Since the structure of insurance rights decides the subject of insurance interest,it is important to make clear the relationship between rights structure of insurance contract and subject of insurance interests.The rules of China's law in this area are misleading in many aspects,which will make barriers for people who want to realize their life by insurance,and for the functioning of insurance interest rules against moral risks.In the future,if the Insurance Act is amended,the legislator should re-design the rules based on a right understanding on the fore-mentioned relationship.

Key concepts: Insurance law, Insurance policy, Casualty insurance, Subject (documents), Legislator, Business, Liability insurance, Key person insurance

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