保险利益之法律探析

Probing Into the Insurance Interest

保险利益在保险法中扮演了重要角色,其不仅与保险合同的效力攸关,更是度量保险标的、保险价值、复保险、超额保险等的准绳;不仅关系当事人之间的权利义务,更会波及社会之公序良俗。保险利益的研究,具有重要的法律意义和现实意义。本文拟分别从财产保险和人身保险两个角度探析保险利益的几大基本问题,以明其要义。

Insurable interest plays an important role in the field of Insurance Law.It not only affects the validity of the insurance contracts,but also sews as a criterion to judge insurable objects,insurable value,double insurance,and exceed insurance.It not only is related to rights of obligations of the parties,but also is involved with public policy. Therefore the study of insurable interest is of great legal and practical significance.In order to clarify its significance,the paper delves into several fundamental issues of insurable interests from the perspective of property insurance and personal insurance respectively.