부동산 관련 보험과 쟁점 연구
A Study on Real Estate Related Insurance and Its Issue
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Nowadays the real estate is very important in mankind life. It is a implement of investment techniques. It takes distinguished potions in peoples' property. Therefore people prefer to make insurance contract about real estate. Fire insurance and liability insurance are important examples. But there are several problems with real estate related insurance. When a insured transfer the factory on which he made fire insurance contract, it is problem whether the insurance contract is also transferred or not. § 679 Korean Commercial Code regulated that it is presumed that in that case the insurance contract is also transferred. But it should be considered, not presumed that the insurance contract is transferred. When a tenant makes a insurance contract about the appartement, it is also problem, whether it is a contract for himself or a contract for the lessor. The korean court has decided that in that case the contract is for the lessor. Furthermore when a borrower let make a insurance contract over the security real estate it is problem whether the insurable value is estimated or not. The Korean court has decided that in that case insurable value is not estimated when there are no signs or record that estimate the insurable value. This study concentrates on showing the current problems of insurance contract about real estate. The author has meanwhile tried to provide some suggestions about reform of korean insurance contract law in regard of the effect of the object transfer. It has tried to show the right direction for the reform and interpretation of the insurance contract regulation about real estate insurance. German regulations in regard of the effect of the object transfer can provide good models to korea. Therefore the author has tried to point out the merits of german regulations per comparative legal study. In the long run the adopt of german examples in the field of real estate insurance can supply useful models to Korea, because we belong to civil law system country.
Abstract
Nowadays the real estate is very important in mankind life. It is a implement of investment techniques. It takes distinguished potions in peoples' property. Therefore people prefer to make insurance contract about real estate. Fire insurance and liability insurance are important examples. But there are several problems with real estate related insurance. When a insured transfer the factory on which he made fire insurance contract, it is problem whether the insurance contract is also transferred or not. § 679 Korean Commercial Code regulated that it is presumed that in that case the insurance contract is also transferred. But it should be considered, not presumed that the insurance contract is transferred. When a tenant makes a insurance contract about the appartement, it is also problem, whether it is a contract for himself or a contract for the lessor. The korean court has decided that in that case the contract is for the lessor. Furthermore when a borrower let make a insurance contract over the security real estate it is problem whether the insurable value is estimated or not. The Korean court has decided that in that case insurable value is not estimated when there are no signs or record that estimate the insurable value. This study concentrates on showing the current problems of insurance contract about real estate. The author has meanwhile tried to provide some suggestions about reform of korean insurance contract law in regard of the effect of the object transfer. It has tried to show the right direction for the reform and interpretation of the insurance contract regulation about real estate insurance. German regulations in regard of the effect of the object transfer can provide good models to korea. Therefore the author has tried to point out the merits of german regulations per comparative legal study. In the long run the adopt of german examples in the field of real estate insurance can supply useful models to Korea, because we belong to civil law system country.
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