论股东对公司财产之保险利益

Talk About Insurable Interest of Shareholders to Company Property

股东对公司财产是否有保险利益?这是一个在各国保险法学界一直存在较大争议的问题。我国《保险法》对这一问题未作规定。在当今我国社会条件下,承认股东对公司财产具有保险利益,不仅具有现实必要性,也符合可保利益原则的立法精神。从理论上讲,股东对公司财产存在实质上的利害关系,而这种利害关系是在法律上能够主张或被法律承认的、可以确定的经济利益关系。承认股东对公司财产具有保险利益不会引发赌博和道德风险的发生。在实践中,承认股东对公司财产具有保险利益,可以通过定值保险、不定值保险、概括保险等方式进行实务操作。

Whether shareholders have insurable interest to company property or not, which is a big controversy in the field of Insurance Law all over the world all the time. Insurance Law of china doesn＇t make an explicit prevision to this problem. Nowadays under the social condition of china, we think that admitting shareholders to have insurable interest not only has a realistic necessity, but also matches the legislative spirit of insurable interest. In theoretical, there is a substantial relation between shareholders and company property which can be claimed or admitted by law and can be definite, and admitting shareholders to have an insurable interest will not cause to gambling and the occurrence of morals risk. And in practice, it is completely manipulative that admitting shareholders to have an insurable interest by insurance methods such as valued policy insurance, unvalued policy insurance, generalize insurance.