사법공통기준틀(CFR)과 유럽보험계약법의 원칙(PEICL)의 분석 -PEICL에 나타난 보험자의 정보제공의무를 중심으로-

Abstract

Since the establishment of 'Restatement group' in 1999 this Project Group has been drafting Principles of European Insurance Contract Law modelled on American Restatements of the Law, in a manner which had previously been adopted by the so-called Lando Commission on European Contract Law in the course of drafting its Principles of European Contract Law. The Principles of European Insurance Contract Law are drafted as rules, followed by Comments presenting the reasons for the rule and illustrating how it should be applied by giving examples, as well as Notes reproducing the status quo of insurance contract law in each Member State and the acquis communautaire on the point in question. The substantive scope of application of the PEICL encompasses all types of insurance except reinsurance. PEICL abstain in principal from regulating issues of general contract law and do not regulate individual branches of insurance. The mandatory character of most provisions of the PEICL may be described as "semi-mandatory". Semi-mandatory rules of insurance law purport to ensure the protection of the policyholder, insured and beneficiary. An optional instrument european contract law is characterised by the fact that its application depends on a choice being made by the parties to the contract. An optional instrument would allow parties to conclude their contract on the basis of European law instead of national law. On the PEICL there are the rules of the pre-Contractual Information Duty and post-Contractual Information Duty. Pre-Contractual Information Duty has become an ever more frequent means of conferring protection on insurance-consumer in general and helps to ensure transparency for the prospective policyholder. post-Contractual Information Duties of the insurer are subject to detailed provisions in the Member States and may be contained in supervisory law as well as in insurance contract law.