보험목적양도법리의 한독비교연구

Abstract

The insurance contract law is very important for the welfare and happiness of citizens. Many countries make an effort to provide better insurance contract law. In fact, insurance contract law has developed significantly worldwide in recent years. In particular, in Germany and Japan, there have been noteworthy reforms in the field of insurance contract law. The existing Korean insurance contract law, which is a part of the Korean Commercial Code, entered into force in 1963. In fact, the legal provisions in this Act have some problems. For this reason, the discussion on the reform of Korean insurance contract law has been made in the Korean National Assembly. The Korean law-makers need to think it is essential to look at the relevant foreign provisions in order to solve the existing problems in Korea. Furthermore,the German insurance contract law (VVG) has influenced Korean law because the Korean jurisdiction adopted the continental legal system or the so-called Civil Law, and the Korean scholars can learn the regulatory reform from the recent development in Germany. The German reform by the enactment of the year 2007 are as such following: the reform of definition in insurance contract, the reflection of technical development, the reform of insurance police, the duty to give sufficient information to other contracting parties,the reform of the duty of disclosure, the abandonment of all or nothing principle, the duty to guarantee contract dividend regularly. Moreover, the duty of disclosure has been considered very important in Germany. Japan also adopted the duty of passive answer with regards to the duty of disclosure. Regardless of insurance contract, the insurance object can be sold out to another person. The purchaser can make a new insurance contract. But between the times it can happen that the insurance object exists without insurance protection. It should be avoided. The transfer of insurance objects is very important especially in fire insurance. Therefore the most insurance contract law has regulations about legal treatment of transfer of insurance objects. In korean commercial code there is one regulation (§ 679 KCC). In korean law, the purchaser is presumed as a insured. But presumption is not enough. The purchaser should be regarded as a insured. That is the attitude of german law. The parties should give notice about the fact of transfer of insurance objects to insurer. In the korean law there is no regulation about the effects of negligence of the notice. The insurer and the purchaser should be able to cancel the insurance contract. Furthermore the insurer should be able to reject the fulfillment of contract when the risk of the purchaser is too high. The old insured and the new insured (purchaser) should pay premium. The premium In this regard the korean law should be reformed. By the reform discussion we can refer to the rational contents of foreign (especially japanese and german) laws. The government,scholars, insurance associations and insurance companies should make hard effort to solve the problems about legislation on transfer of insurance objects.