독일 보험법상 예정보험에 관한 연구

Abstract

In general open policy or floating policy agreement plays very important role in modern insurance practice. Especially in the field of transport insurance and maritime insurance, the car, the ship, the amount of transport object can not be settled be the agreement of the insurance contract. But the insurance contract should exist by the time. In this case the floating policy agreement can be very useful. When the object or other things are settled, the insurance company should get information about those things. Therefore by the open policy insurance, the duty of declaration of the insured is very important. The insurer is going to check up the risk thoroughly afterwards. In germany(2007) there was heavy reform in the field of insurance contract law. It was effected on 1. jan. 2008. There were almost no regulations about open policy or floating policy agreement in german insurance contract law before. But the legislator has some regulations(§§ 53〜58german insurance contract law(VVG)) about open policy or floating policy agreement by the reform of the year 2007. This study concentrates on showing the detailed contents of german regulation and theories about open policy or floating policy agreement. The author has tried to pick out some suggestions from german discussions. Nowadays many countries are making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. There is only one provision in regard of open policy or floating policy agreement in korean commercial code, namely § 704 KHGB. This is about the case of non-settlement of ships. The reform discussion about korean insurance contract law is now being done in korean national assembly. By the reform discussion in korea, we can also consider adopting some regulations about open policy or floating policy insurance. Thereby german discussions, court decisions and law can give us very useful suggestions