论股东对公司财产的保险利益

On the Insurable Interest of the Shareholders to the Company Property

保险利益原则是保险制度的灵魂,无保险利益则无保险。根据民商法的基本原理,公司对其财产当然具有保险利益。但股东对公司财产是否具有保险利益,各国保险法学界一直存在较大争议,我国《保险法》对这一问题一直未作规定。从保险利益原则设定的价值与功能角度分析,我国应承认股东对公司财产具有保险利益。对此,实践中可通过公司章程自治规范以及保险行业针对此类保险合同的特别约定来具体操作。

Insurable interest principle is the soul of the insurance system,no insurable interest in the insured. According to the basic principle of the civil law, company for its property has undoubted insurable interest. There has been considerable controversy in the national insurance law circles whether the shareholders of the company has an insurable interest. China＇ s ＂insurance law＂ has no specific regulations on this issue. From the perspective of the setting value of the insurable interest principle and function, we should admit that shareholder＇s property has an insurable interest to the company. To this, in practice, it can be specifically operated through the autonomy specification of the company＇ s articles and the special terms of the insurance industry for such insurance contract.