보험자의 최대선의의무에 관한 고찰

• 영문명: A Study on doctrine of Insurer's Utmost Good Faith
• 발행기관: 원광대학교 법학연구소
• 저자명: 고명규(Ko, Myoung-Kyu)
• 간행물 정보: 『원광법학』제28권 제1호, 135~156쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.03.30

영문 초록

This paper deal with doctrine of Insurer's Utmost Good Faith. a contract of insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract amy be avoided by the either party. But utmost good faith doctrine in English Law is the notion of the Anglo-American legal system witch greatly differs from Korean one. And this article writes that the utmost good faith doctrine is similar to the doctrine of the trust and good faith which is provided in the Korean Civil Law art 2. In writer's view, under the Korean law, the insurer's duty of disclosure ti the insured is admitted with the rule of good faith and clause of fraud exclusion in the Korean Civil Code. In this regard, the legal effect of the violation of the said provisions will be a breach of contract or tort law, and one who has suffered damages from the non-disclose may request compensation from the insurer. The Korean Supreme Court considers the insurer's liability under Article 102 to be a strict liability, and broadly applies the Article to various situations. Because Article 102 of the Korean Insurance Business Act is unique, the UK law does not have that kind of provision in their legislation. Under the Korean law, the insured who has suffered damages from non-disclose of the insurer may be compensated for is losses with the application of Article 102 to some extents, Article 102 of the Korean Insurance Business Act.

목차

Ⅰ. 머리말

Ⅱ. 최대선의의무

Ⅲ. 보험자의 최대선의의무

Ⅳ. 보험자의 최대선의의무위반에 대한 구제방법

Ⅴ. 우리 법에서의 보험자의 최대선의의무

Ⅵ. 맺음말

참고문헌

Abstract

키워드

보험자 보험계약 보험자의 최대선의의무 보험자의 고지의무 상법개정안 Insurer Insurance Contract doctrine of Insurer's Utmost Good Faith Duty of Insurer's disclosure Insurance Contract Revision Bill