독일 보험계약법상 잠정적인 보상에 대한 연구
A Study on provisional coverage agreement in german insurance contract law
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
In germany provisional coverage agreement plays very important role in motor insurance. By the registration of car the authority asks for insurance certificate. But the insurance company is going to check up the risk thoroughly. In this process provisional coverage agreement is designed and in the practice used widely. The people make use of provisional coverage as usual in the process of car registration. In germany(2007) there was heavy reform in the field of insurance contract law. It was effected on 1. jan. 2008. There were no regulation about provisional coverage in german insurance contract law before. But the legislator has some regulations(49~52 german insurance contract law(VVG)) about provisional coverage by the reform 2007. This study concentrates on showing the detailed contents of german regulation and theories about provisional coverage agreement. The author has tried to pick out some suggestions from german discussions. Nowadays many countries are making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. By the reform discussion in korea we can also consider adopting some regulations about provisional coverage agreement. Thereby german discussions, court decisions and law can give us very useful suggestions.
Abstract
In germany provisional coverage agreement plays very important role in motor insurance. By the registration of car the authority asks for insurance certificate. But the insurance company is going to check up the risk thoroughly. In this process provisional coverage agreement is designed and in the practice used widely. The people make use of provisional coverage as usual in the process of car registration. In germany(2007) there was heavy reform in the field of insurance contract law. It was effected on 1. jan. 2008. There were no regulation about provisional coverage in german insurance contract law before. But the legislator has some regulations(49~52 german insurance contract law(VVG)) about provisional coverage by the reform 2007. This study concentrates on showing the detailed contents of german regulation and theories about provisional coverage agreement. The author has tried to pick out some suggestions from german discussions. Nowadays many countries are making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. By the reform discussion in korea we can also consider adopting some regulations about provisional coverage agreement. Thereby german discussions, court decisions and law can give us very useful suggestions.
참고문헌 (24)
- 강위두, "상법강의(하)" (2004), 형설출판사
- 김문재, "상법 보험편 개정안에 대한 의견 - 단체보험규정(제735조의 3)을 중심으로 -. in: 최근 상사법의 법리와 실무의 쟁점", 한국기업법학회·한국상사판례학회 2009년 하계공동학술대회 자료집 (2009)
- 김성태, "보험법강론" (2001), 법문사
- 김은경, "독일보험계약법 개혁과 그 시사점", 상사법연구, 25(4), pp.223~269 (2007), 한국상사법학회
- 김은경, "상법상 보험약관 교부 및 설명의무와 독일 보험계약법 개정안의 소비자정보제공 등의 의무에 대한 고찰", 외법논집, 25(25), pp.209~242 (2007), 법학연구소
- 김정호, "상법강의(하), 제2판" (2005), 법문사
- 양승규, "보험법, 제5판" (2004), 삼지원
- 유주선, "보험자의 정보제공의무-독일과 한국의 비교법적인 관점에서-", 보험학회지, 79(79), pp.93~120 (2008), 한국보험학회
- 유주선, "보험계약자의 보험계약에 대한 철회 - 우리나라와 독일의 비교법적인 관점에서 -", 경영법률, 19(4), pp.83~110 (2009), 한국경영법률학회
- 이기수, "보험·해상법, 제8판" (2008), 박영사
- 이필규, "2009년 독일 보험계약법" (2009), 세창출판사
- 장덕조, "보험법 판례연구집" (2010), 법영사
- 정상근, "보험계약법" (2006), 도서출판 좋은땅
- 정찬형, "상법강의(하), 제12판" (2010), 박영사
- 채이식, "상법강의(하), 개정판" (2003), 박영사
- 최기원, "보험법" (1996), 박영사
- 최준선, "보험법·해상법" (2005), 삼영사
- Bruck, "Versicherungsvertragsgesetz, Bd. I, 9. Aufl., Berlin", ~ (2008)
- Looschelders, "Versicherungsvertragsgesetz, Köln", ~ (2010)
- Prölss, "Versicherungsvertragsgesetz, 27. Aufl.", ~ (2004)
- Römer, "Versicherungsvertragsgesetz, 2. Aufl.", ~ (2003)
- Rüffer, "Versicherungsvertragsgesetz, Baden-Baden", ~ (2009)
- Schwintowski, "Praxiskommentar zum Versicherungsvertragsrecht", ~ (2008)
- Wolf, "AGB-Gesetz, 4. Aufl., München", ~ (1999)
