保险利益的认定

The Identification of Insurance Interests

投保人或者被保险人是否具有保险利益 ,是保险合同是否生效的条件 ,即保险利益构成保险合同的效力要件 ,故保险利益在保险法中的地位极其重要。如何认定保险利益 ,理论上 ,学者观点不一 ,立法例上 ,各国规定也不尽一致。本文围绕保险利益的认定这一问题 ,从保险利益的特征、保险利益的具体内容、保险利益应存在于何时、保险利益应存在于何人。

Whether the policy holders or insured people can enjoy the interests or not is the most important point in determining the effectiveness of an insurance contract, that is, the insurance interest is the element that can bring the insurance contract into effect. Therefore, the insurance interest plays an important part in insurance law. However, as far as the identification of the insurance interest is concerned, scholars hold different views in theory and the countries in the world stipulate different laws through legislation. Based on the identification of insurance interest, this paper elaborates the author's view in the aspects of the content characteristics of and the appropriate identification time of insurance interests as well as the proper unit that can hold the insurance interests and institutes for the appraisal and identification of them.