해상보험계약상 담보특약(Warranty)의 실무적 적용에 관한 연구

• 영문명: A Practical Application of Warranty under A Marine Insurance Contract
• 발행기관: 한국무역연구원
• 저자명: 한낙현(Nak Hyun Han) 정준식(Jun Sik Jung)
• 간행물 정보: 『무역연구』제11권 제4호, 257~281쪽, 전체 25쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2015.08.30

영문 초록

If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to be discharges automatically from further liability from the date of breach. In addition, the requirements on the warranty must be determined in accordance with the rule of strict construction. Recently, the English Law Commission recommended to reform the provisions of the warranty of the Marine Insurance Act(MIA). This Law Commission sets out to present three main proposals to reform the law on warranties: (1) To abolish basis of the contract clauses. (2) To treat warranties as suspensive conditions, and (3) To introduce special rules for terms designed to reduce the risk of a particular type of loss, or the risk of loss at a particular time or in a particular location. The purpose of this study aims to analyse the implication of practical application through the warranty of marine insurance contract based on the MIA and to find its legal application to the Korean Marine Insurance Law(KMIL). As a result of this study, it suggests to revise the discharge provisions of insurerʾs liability of the KMIL to accept the warranty provisions of the MIA and several points of view of the English Law Commission No.204(2012).

목차

Abstract

Ⅰ. 서론

Ⅱ. 담보특약에 관한 이론적 고찰

Ⅲ. 영국 개정보험법의 내용과 한국 해상보험법상 담보특약제도

Ⅳ. 담보특약의 실무적 적용과 그 시사점

References

키워드

Marine Insurance Contract Warranty MIA Law Commission KLIM