보험자의 보험약관 설명의무의 범위
The range of the duty of the insurer to explain the insurance policy
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The purpose of the paper is to study the range of the duty of the insurer to explain the insurance policy. The content of this paper is as follows. Ⅰ. Introduction: issues Ⅱ. The important content and the ground of the duty to explain. Ⅲ. The range of the duty to explain 1. The criterion of the judicial precedent. 2. The examination on the criterion of the judicial precedent. 1) the matters that the insured knows 2) the matters to be known widely in view of transactions 3) the matters to be prescribed in law 4) the matters not to influence the insurance contract 5) the matters that need not to explain differently from the viewpoint of the principle of the interpretation of law 6) the situation that the explanation is remarkably difficult and etc. Ⅳ. Conclusion
Abstract
The purpose of the paper is to study the range of the duty of the insurer to explain the insurance policy. The content of this paper is as follows. Ⅰ. Introduction: issues Ⅱ. The important content and the ground of the duty to explain. Ⅲ. The range of the duty to explain 1. The criterion of the judicial precedent. 2. The examination on the criterion of the judicial precedent. 1) the matters that the insured knows 2) the matters to be known widely in view of transactions 3) the matters to be prescribed in law 4) the matters not to influence the insurance contract 5) the matters that need not to explain differently from the viewpoint of the principle of the interpretation of law 6) the situation that the explanation is remarkably difficult and etc. Ⅳ. Conclusion
참고문헌 (7)
- 김성태, "보험법강론" (2001), 법문사
- 김은경, "보험자의 설명의무에 대한 재고", 상사판례연구, 20(3), pp.111~137 (2007), 한국상사판례학회
- 양승규, "보험법" (2004), 삼지원
- 이기수, "보험 · 해상법" (2003), 박영사
- 정찬형, "상법강의(하)" (2008), 박영사
- 최기원, "보험법" (2002), 박영사
- "대법원 판례집", ~
