요건사실로서의 운행에 관한 소고
A analysing study about operation concept
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Under the premise that an automobile can be included in the concept of operating that the automobile is understood as the means of tool of transportation under the circumstance of the use or management, the automobile is responsible for taking out a liability insurance policy of the Act on Guarantee of Compensation for Loss Caused by Automobile. If such automobile is used by the stated circumstance, any accidents during the use or management of the automobile can be considered accidents by operation. This way of defining a concept of operation is more helpful to protect victims by the automobile as a means of transportation. In addition, the meaning of operation becomes clear and the predictability of operation can be given, therefore debates about the concept of operation will surely decrease. According to the article 726-2 of Commercial Act, the insurer of the automobile insurance contract shall be bound to indemnify for any loss by accidents which have occurred while the insured owns, uses and manages automobile. The Standardized Contract of Comprehensive Automobile Accident Insurance implies that the article 726-2 regarding Personal Indemnification I, Personal Indemnification II, and Substitute Indemnification. These grounds considered, the 'ownership' provided in the article 726-2 is understood as one who is responsible for loss while the insured has the control of operation over the insured automobile with the interest of operation. Then the meaning of the ownership should be understood that it is identical to the driver of the Act on Guarantee of Compensation for Loss Caused by Automobile, and the 'use or management' of the article 726-2 should be thought that it is restrained by the automobile usage same as it is restricted by the Act. Therefore it should be considered that the article 726-2 of Commercial Act is a provision that the insurer has a responsibility to indemnify for any loss by accidents which have occurred while operated by the driver of the Act on Guarantee of Compensation for Loss Caused by Automobile.
Abstract
Under the premise that an automobile can be included in the concept of operating that the automobile is understood as the means of tool of transportation under the circumstance of the use or management, the automobile is responsible for taking out a liability insurance policy of the Act on Guarantee of Compensation for Loss Caused by Automobile. If such automobile is used by the stated circumstance, any accidents during the use or management of the automobile can be considered accidents by operation. This way of defining a concept of operation is more helpful to protect victims by the automobile as a means of transportation. In addition, the meaning of operation becomes clear and the predictability of operation can be given, therefore debates about the concept of operation will surely decrease. According to the article 726-2 of Commercial Act, the insurer of the automobile insurance contract shall be bound to indemnify for any loss by accidents which have occurred while the insured owns, uses and manages automobile. The Standardized Contract of Comprehensive Automobile Accident Insurance implies that the article 726-2 regarding Personal Indemnification I, Personal Indemnification II, and Substitute Indemnification. These grounds considered, the 'ownership' provided in the article 726-2 is understood as one who is responsible for loss while the insured has the control of operation over the insured automobile with the interest of operation. Then the meaning of the ownership should be understood that it is identical to the driver of the Act on Guarantee of Compensation for Loss Caused by Automobile, and the 'use or management' of the article 726-2 should be thought that it is restrained by the automobile usage same as it is restricted by the Act. Therefore it should be considered that the article 726-2 of Commercial Act is a provision that the insurer has a responsibility to indemnify for any loss by accidents which have occurred while operated by the driver of the Act on Guarantee of Compensation for Loss Caused by Automobile.
참고문헌 (16)
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