유럽보험계약법에 대한 CFR의 연구

Abstract

<Abstract> Study on Common Frame of Reference(CFR) of European Insurance Contract Law Kim, Eun-Kyung Following an initiative by the European Commission, the "CoPECL Network of Excellence" was founded in May 2005. The Network is drafting a proposal for the "Common Frame of Reference(CFR)" of European contract law as proposed by the European Commission. A first draft of the CFR was presented to the European Commission at the end of 2007. Insurance contract law plays an important role in the 2003 Action Plan of the European Commission. The Plan repeatedly refers to necessity of harmonizing the law on insurance contracts. The European Commission's position is supported by an Opinion of European Economic and Social Committee(EESC) on the topic "The European Insurance Contract" which was delivered on 15 December 2004. EESC encouraged the Commission to take steps towards unifying insurance contract law in the EU. The endeavour to establish a Common Frame of Reference of European Contract Law, which includes special rules on insurance, is at least the first attempt of the European Commission to comply with the request of the EESC. Therefore, within the CoPECL Network, the Project Group "Restatement of European Insurance Contrat Law", also "Innsbruck Group" or the "Insurance Group", is in charge of drafting the CFR of insurance contract law. The final PEICL were submitted to the European Commission as a Draft CFR of European Insurance Contract Law on 17 December 2007. The Project Group primarily provides general rules of insurance contract law. The substantive scope of application of the PEICL, encompasses all types of insurance except reinsurance. Insurances of special risks as well as large risks are covered by the PEICL. The PEICL have been drafted as an optional instrument. Thus, they are only to be applied if they are chosen by the parties to the contract. The CFR could considerably boost the development of European contract law in general and insurance contract law in particular. The PEICL also serve as a model optional instrument for the European legislator.