Insurable interest – the doctrine that would not die

Legal Studies ◽  
2015 ◽  
Vol 35 (2) ◽  
pp. 280-301
Author(s):  
Gary Meggitt

The doctrine of insurable interest grew out of eighteenth-century anxieties over fraudulent seafarers and habitual gamblers. It was created by the courts, entrenched by statute and remains in place to this day despite the fact that it serves no practical or legal purpose. It was hoped by many that, when the English Law Commission and Scottish Law Commission established their joint review of insurance contract law in 2006, the doctrine would be consigned to the proverbial dustbin of history. Eight years later, these hopes have been dashed. The doctrine is here to stay. This paper asks ‘Why’ and finds the answer to be elusive.

1997 ◽  
Vol 1 (4) ◽  
pp. 437-463 ◽  
Author(s):  
Charles Harpum

This paper, which was first given on 19 October 1996 at a seminar on constructive trusts organised by the Universities of Edinburgh and Strathclyde with the Scottish Law Commission, examines the role that constructive trusts play in English law. It explains the amorphous nature of such trusts, how they are rooted in concepts of equity and conscience, and how they are often imposed in accordance with equity's traditional grounds for intervention. The central thesis of the paper is that a constructive trust, when imposed, will cause the trustee to become subject to one or more fiduciary obligations or incidents. One situation in which this is not the case— where a constructive trust is employed to impose an encumbrance on a transferee of property—is criticised. There is also a critique of the recourse to equitable maxims as a reason for the imposition of constructive trusts. The paper concludes with some reflections on the likely path of development of constructive trusts in English law and whether they ought to be more widely received into Scots law.


Moreana ◽  
2018 ◽  
Vol 55 (Number 209) (1) ◽  
pp. 24-60
Author(s):  
Russ Leo

Nicolas Gueudeville's 1715 French translation of Utopia is often dismissed as a “belle infidèle,” an elegant but unfaithful work of translation. Gueudeville does indeed expand the text to nearly twice its original length. But he presents Utopia as a contribution to emergent debates on tolerance, natural religion, and political anthropology, directly addressing the concerns of many early advocates of the ideas we associate with Enlightenment. In this sense, it is not as much an “unfaithful” presentation of More's project as it is an attempt to introduce Utopia to eighteenth-century francophone audiences—readers for whom theses on political economy and natural religion were much more salient than More's own preoccupations with rhetoric and English law. This paper introduces Gueudeville and his oeuvre, paying particular attention to his revisions to Louis-Armand de Lom d'Arce, Baron de Lahontan's 1703 Nouveaux Voyages dans l'Amérique Septentrionale. Published in 1705, Gueudeville's “revised, corrected, & augmented” version of Lahontan's Voyages foregrounds the rational and natural religion of the Huron as well as their constitutive aversion to property, to concepts of “mine” and “yours.” Gueudeville's revised version of Lahontan's Voyages purports to be an anthropological investigation as well as a study of New World political economy; it looks forward, moreover, to his edition of Utopia, framing More's work as a comparable study of political economy and anthropology. Gueudeville, in other words, renders More's Utopia legible to Enlightenment audiences, depicting Utopia not in terms of impossibility and irony but rather as a study of natural religion and attendant forms of political, devotional, and economic life. Gueudeville's edition of Utopia even proved controversial due, in part, to his insistence on the rationality as well as the possibility of Utopia.


ANCIENT LAND ◽  
2021 ◽  
Vol 04 (02) ◽  
pp. 46-48
Author(s):  
Tahmina Shahin Alizada ◽  

The article describes the fundamental principles of marine insurance. It mainly examines the principle of "utmost good faith" which is the cornerstone of insurance law. The main aim of an article is to help the reader to gain basic knowledge and understanding of the legal principles of marine insurance. The fundamental principles governing marine insurance are very helpful in the assessment of loss and the claim in the maritime insurance industry. As in all contracts of insurance on the property, also marine insurance contract is based on the fundamental principles. Key words: marine insurance, Marine Insurance Act 1906, principles of marine insurance, utmost good faith, insurable interest


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