对海上保险中保险利益问题的研究

我国海上保险的研究目前基本上是基于对国外经典著作的翻译及相关法条的诠释 ,在对保险利益的分类和转移等问题的认识上还鲜有涉及。本文试图对保险利益进行分类 ,在此基础上确定了几种情况下保险合同的性质 ,同时试图建立起保险利益转移的概念并对转移的标准进行了初步的探讨。

A Study of the Issue of Insurable Interest in Maritime Insurance

At present, Chinese studies of maritime insurance are based on the translation of the classical foreign works and the annotation of relevant rules, while little research has been conducted into such issues as the classification and transfer of the insurable interest. This paper makes a tentative classification of the insurable interest and hence defines the nature of the insurance contract in some circumstances. It also attempts to establish the notion of the transfer of insurable interest with a tentative analysis of the transfer standards.