从英美国家保险利益原则的理论发展看我国立法之完善

英美保险法至保险利益原则确立以来,对其法理有着“法定关系理论”、“实际利益理论”、“存在合法关系的实际利益”这三大理论。而“法定关系理论”、“实际利益理论”并不能解决保险的应有目的,“存在合法关系的实际利益”理论更符合历史潮流。我国现有保险法在人身保险合同中采用的是“法定关系理论”,在财产保险合同中,保险法未明确规定,在实践中适用的是“法定关系理论”。从英美国家理论发展的现状及国情,我国保险法在人身保险合同中不应适用经济利益理论,在财产保险合同中,应适当运用经济利益理论。

Probing Our Legislative Improvement from the Theoretical Development of Insurable Interest Principle in Brain and the U.S.

Since the establishment of insurable interest principle, law of insurance in Brain and the U.S. such countries has taken the three theories as its basis: legal relationship theory, theory of practical interest, and theory of practical interest with legal relationship. However, the former two theories do not achieve the goal they should take and the latter seems to meet the historical changes. In current law of insurance, the theory of legal relation is adopted into life insurance contract; while not definitely stipulated in the law, the theory of legal relationship is applied to contract of property insurance in practice. Based on the current situation of our country and that of theoretical development in Brain and the U.S., the author suggests in our law of insurance the theory of economic interest should not be adopted into the contract of life insurance and it should be embodied properly in the contract of property insurance instead.