经济可保利益研究

Economic Interest is the Sole Test of Insurable Interest

在一些国家,其保险法律中的可保利益已经或将要从法律上可保利益转向经济可保利益。可保利益新概念带来了某些新问题,尤其是经济可保利益范围的认定问题。经济可保利益外延的判定应当综合运用保险补偿规则和披露规则。可保利益新概念还对保险业提出了挑战,保险业应有合理措施予以应对。无论如何,新的问题或困难不应阻碍可保利益新概念的确立。

Some countries have abandoned the concept of legal or equitable interest and have accepted the notion of economic interest in their insurance laws. However, these practices give rise to several new problems, including especially how to delineate the economic interest. We should apply the rules of indemnification and the rules of utmost good faith comprehensively to judge the extent of the economic interest. Furthermore, the new concept is a challenge to the insurance business and it must take up it with reasonable steps. In any case, the problem or difficulty should not baffle the formation of the new concept of economic interest.