독일의 생명보험 개입권제도와 입법방향에 대한 연구

• 영문명: A study on intervention right at german insurance law and some suggestions to korea
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최병규(Byeong-Gyu Choi)
• 간행물 정보: 『비교사법』比較私法 제17권 제1호, 391~413쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

The insured in life insurance contract can be stepped in financial crisis. By this time the beneficiary should intervene the insurance contract. This is so called intervention right of the beneficiary. This system is enacted in germany for a long time. Recently(2008) japan has also adopted this intervention right system. Since 21 century the reform of insurance contract law is not only in germany and japan, but also in korea hot issue. The insurance contract law has experienced significant change recently in many countries worldwide. Especially in germany and in japan there was heavy reform in the field of insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in national assembly. In korea there is almost no discussion about intervention right in life insurance contract. Because of this reason, the interest of life insurance beneficiary can be neglected. To solve the problems we must look at foreign laws. Especially the german insurance contract law has influences to korean law because we adopted the continental legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. The article 170 german insurance contract law regulates intervention right of the beneficiary. There are many discussion and court cases about articles 170 and 171 german insurance contract law. This study concentrates on showing the current problems of insurance contract law in regard of the absence of intervention right of the beneficiary. The author has meanwhile tried to provide some suggestions about reform of korean insurance contract law in regard of the intervention right of the beneficiary in retrospective point of view. It has tried to show the right direction for the reform about intervention right of the beneficiary. Thereby the author has also sightseeing approach of the new japanese insurance law.

목차

Ⅰ. 머리말

Ⅱ. 개입권제도의 의의

Ⅲ. 독일의 제도

Ⅳ. 독일과 일본조문과 우리의 도입시 제안

Ⅴ. 한국에의 입법 제안

Ⅵ. 결론

키워드

개입권 보험수익자 개입의 효과 보험자에의 통지 보험법 개정 독일 보험법 일본 보험법 유족보호 Intervention Right Beneficiary Effect of Intervention Notice to Insurer Reform of Insurance Law German Insurance Law Japanese Insurance Law Protection of Family of the Deceased