중세 제노바의 해제조건부 보험계약의 재고찰

Abstract

600 years have passed since the primitive shape of marine insurance contracts "Mutuum" arose in the Mediterranean area. Present insurance theories and systems are based on marine insurance law. Therefore, to understand the theory of present insurance, it is needed to understand marine insurance contract theory and law. It is known that pure insurance contracts were drawn in Tuscany in the mid 14th century, and many primitive forms of insurance contracts also existed during the middle ages. Among the primitive forms, a very unique shape of insurance contract can be found in Genoa. Some of Genoa's insurance contracts had very unique characteristics, because they had to evade Christian law. The characteristic of Genoa’s insurance contract is that they have the "salvo et reservato" clause. If someone arrived at the proposed place safely, the contract was reserved. That kind of clause were very unusual in other Mediterranean area. The purposes of this study are to find out the meaning of the "salvo et reservato" clause in the Genoa's insurance contracts and understand the insurance circumstances in Genoa.