현행 보험목적의 양도 규정 및 입법 불비에 대한 해석상 문제점과 그 개정방안에 관한 연구 ― 구 상법, 현행 상법 및 보험법 개정안 분석을 중심으로 ―

Abstract

A revised bill of the insurance contract law including Article 679 has been introduced by the government. This revised bill tries to solve the deep-seated problems. The principle of ‘presumption of transfer󰡑 has been replaced by the principle of ‘a matter of course of transfer’. In addition, the revised bill includes the effect of breach of the duty of notice. However, the revised bill seems to be still far from perfection. The following proposal should be reconsidered. The fact -if the surrender period has been passed without the insurer’s execution when the insured accident has occurred, the obligation to pay the insurance money is imposed on the insurer- should be expressly mentioned. The expression ‘insured’ should be replaced by the ‘policy holder’ or ‘policy holder and insured’ as a main body of assignment. It should be cleary written that the assigner has a duty to pay the premium at the time of premium period when the assignment contract has been made. Lastly, when the insured risk has been decreased as a result of the assignment of subject-matter insured, the right of claim of premium reduction is available for the assignee and it's legal basis is not the Article 647. The Article of the revised bill should include this point.