对保险合同客体多元性的分析

An Analysis on the Multi-Element of Insurance Contract's Object

学术界对"保险合同客体"有不同的认识。保险标的或保险利益都不是"保险合同客体"的全部,单一的保险标的无法承载"保险合同客体"的全部内涵。"保险利益论"又无法完整地解释"保险利益"缺失情况下的保险合同客体的问题,既难以表现保险合同(及其客体)与保险利益并不相互依存的特点,也无法显示保险合同客体与特定风险的联系。保险合同客体的多元性特点才是问题的关键解答。

Academic circle differs in the definition of insurance contract＇s object. Neither the subject matter of insured nor the insurable interest means the whole of it. The signal subject matter of insured cannot bear the tofal connotation of insurance contract＇s object, ＂The theory on the connection between insurance contract＇s object and insurable interest＇has failed to give a rational explanation to insurance contract＇s object when insurable interest is of absence,and it is difficult to show the co-existing feature of insurance contract＇s object and insurable interest as well as difficultly showing the link between insurance contract＇s object and certain risks. Multi-Element feature of insurance contract＇s object can only be employed to give an answer to the point.