외국의 개정 보험계약법과 고지의무의 나아갈 방향

Abstract

The insurance contract law has experienced significant change recently in many countries worldwide. Especially in germany and in japan there was heavy reform in the field of 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 national assembly. To solve the problems we must look at foreign laws. Especially the german insurance contract law(VVG) has influences to korean law because we adopted the continental legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. The duty of disclosure was also very important reform issue in germany. Japan has enforced new separate insurance law on 6. june 2008. The japanese insurance law has adopted the duty of passive answer in regard of duty of disclosure. The contract of insurance is the primary illustration of a class of contracts described as uberrimae fidei, that is, of the utmost good faith. As a result, the potential parties to it are bound to volunteer to each other before the contract is concluded information which is material. The requirement of utmost good faith has also been held to apply throughout the contract. The duty of disclosure is the primary expression of this character. We should regard this special character of insurance contract when we discuss about the reform of duty of disclosure. The reform of insurance contract law is also in korea hot issue. This study concentrates on showing the current problems of insurance contract law in regard of duty of disclosure and providing some suggestions about reform of korean insurance contract law. It has tried to show the right direction for the reform about the duty of disclosure and its violation effects.