상법 제731조(타인의 생명의 보험) 해석상의 문제점에 대한 소고

Abstract

A legal study on the interpretation on the article 731 (Life insurance contracts for third person) and its revision According to the article 731 of the Korean Commercial Law, a contract of insurance which cover the death of a third person as an insured event shall require the written consent of the third person at the time the insurance contract is concluded. This shall apply if the rights arising from the contract of insurance have been transferred to the person other than the insured. Therefore, if there is no written consent of the third person when the insurance contract is concluded, the contract becomes null. In addition, the ratification by the third person after the conclusion of the insurance contract cannot make the contract effective. However, the ratification by the third person after the conclusion of the insurance contract should be allowed during the very short period after the conclusion of the contract. In addition, other types of consent of the third person should also allowed if the third person's truth can be established. Also, in group insurance which is life insurance contracts for third person, when the organization designates itself as beneficiary, the third persons's consent should be required whether or not a covenant is.