保险利益认定的比较研究

Contrastive study of the identification of insurance interest

保险利益是投保人或被保险人与保险标的之间的法律上的关系。在财产保险中 ,为实现损失填补原则 ,保险利益须存在于保险事故发生时。在人身保险中 ,保险利益须存在于保险合同订立时。人身保险的保险利益需征求被保险人的同意 。

Insurance interest is a legal relationship between the applicant/the insured and the insured subject. In property insurance, as long as the insured has an insurance interest at the time of the loss, the purpose of the indemnity principle will be totally accomplished. In life insurance, the interest should exist at the time of inception of the policy. The interest of life insurance exists at the consent of the insured. In addition, some kind of relationship between the insured and applicant is also essential.