论文部分内容阅读
保险利益在海上保险中占有重要地位,是海上保险的一项重要原则。有无保险利益对投保人和被保险人能否获得损害赔偿起着至关重要的作用。保险利益决定海上保险合同的效力问题,被保险人对保险标的不具有保险利益的,保险合同无效,因此也不能从保险人哪儿获得赔偿。依据我国相关法律规定和国际惯例,就保险利益和其相关问题进行探讨后,认为保险引入保险利益原则其目的在于避免赌博行为和道德危险的发生,同时为了控制保险金额。保险利益是指投保人或被保险人对保险标的具有不为法律上所禁止的利益。具有保险利益的时间要求应以发生损失时,被保险人必须对保险标的具有保险利益。界定投保人或被保险人是否对保险标的具有保险利益,应当从利益为法律认可或承认时起为界定标准。
Insurance interests occupy an important position in marine insurance and are an important principle of marine insurance. Whether or not the insured benefits can be insured and insured people get damage compensation plays a crucial role. Insurance interests determine the effectiveness of the contract of the sea insurance, the insured person does not have the insurance benefits of the subject of the insurance, the insurance contract is invalid, and therefore can not get compensation from the insurer. Based on the relevant laws and regulations of our country and international practice, after discussing the insurance interests and related issues, the author thinks that the principle of introducing insurance benefits into insurance is to avoid the gambling behavior and moral hazard and to control the insurance amount. Insurance interests means that the insured or the insured has the benefit that the insured subject is not legally prohibited. The insured must insure the insured subject with the insurance benefit when the loss of time is required by the insured. Whether the insured or the insured has insurable interest in the subject matter of the insurance shall be defined as the criterion when the interests are recognized or recognized by law.