商法 제663조에 관한 연구

• 영문명: A STUDY ON THE COMMERCIAL CODE ARTICLE 663
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 심상무(Sang-Moo Shim)
• 간행물 정보: 『비교사법』비교사법 제11권 3호, 373~404쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

This paper aims to analyze the character of article 663 in part of Insurance in Korean Commercial Code. This writer ventured to tackle the issues by adopting the legal and periodical approaches, that is comparative law and insurance practices, etc.. The KCC article 663 titled「prohibition of the disadvantage alteration to insurance contractor etc.」and stipulated as follows; Provisions of this part can not change to the disadvantage of the insurance contractor, the insured or beneficiary by a special agreement between the parties. But this is not applied to reassurance, marine insurance and these kind of insurances. The article 663 is a special and bold legislation that all the articles in the part of Insurance are minimum standard for the protection of insurance contractor the insured or beneficiary. This writer reached the over-all conclusions as follows; First, comply with the current trend of national or international legislation irrespective of insurance law or consumer law, the article 663 purposes to protect the insurance contractor and concerned to insurance as a consumer. Moreover it is notable trends that the provisions of the sphere of the contract law as a statute at will assumed the character of compulsory statute by consumer law. Second, article 663 purposes to rule the every articles of the part of Insurance to arbitrate the what concerns profit or loss of parties of insurance contract, not all the provisions of insurance policy. Not only the part of Insurance in KCC, but also the Statute on the Regulation of Policy and Consumer Protection Statute are duplicately applied to insurance policy. In spite of article 663, some articles(for example §644, §659(esp. intention exclusion), §662, §668, §669 (4) & §672 (4), §678, §724, §731, §732, §733 etc.) concerned to the object of insurance system and to the character of an aleatory contract cannot alter profitable to insurance contractor etc.. Third, article 663 presents applied to all kinds of insurance, but a proviso stipulated this article is not applied to reassurance, marine insurance and these kind of insurances. And these kind of insurances interpreted as include the air insurance, export insurance, nuclear energy insurance. But by the international private law, when the insurance contract concluded between a interior non-consumer and a foreign insurer, they choice the foreign law as a governing law, in spite of article 663, the foreign law becomes a governing law irrespective of the kind of insurance. Finally, to think of the formation background of article 663, of the international trends of consumer protection and and of the development of insurace system, it is proper to build a consumer insurance law with uniform the concept of consumer and limits of application.

목차

Ⅰ. 머리말

Ⅱ. 비교법적 고찰

Ⅲ. 상대적 강행법규성의 의미

Ⅳ. 상법 제663조의 적용범위

Ⅴ. 맺음말

참 고 문 헌

【ABSTRACT】