해상보험계약상 부진정연대채무에서 공동피보험자의 보험금청구권에 관한 연구

• 영문명: A Study on the Insurance Claims of Co-Insured in the Joint and Several Liability under Marine Insurance Contract
• 발행기관: 한국무역연구원
• 저자명: 최두원(Doo-Won Choi) 한낙현(Nak-Hyun Han)
• 간행물 정보: 『무역연구』제16권 제6호, 409~427쪽, 전체 19쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2020.12.30

영문 초록

Purpose - This paper analyzes the right of insurance claims of co-insured in the joint and several liability under Marine Insurance Contract. Design/Methodology/Approach - This paper focuses on the right of insurance claims of co-insured in the joint and several liability under Marine Insurance Contract, and is carried out through the literature method using academic papers for the analysis of this study. Findings - In ship insurance for sea-going vessels, the shipowner (or bare boat charterer) who is the insurance policyholder often adds a plurality of persons, including the ship manager, to the co-insured. In that case, a problem arises in the contention or confrontation of the right to claim the insurance proceeds belonging to each co-insured. Article 8 of the Japanese Insurance Act stipulates that the right to claim the insurance proceeds belongs to the insured designated by the policyholder. Since Article 12 of the Japanese Insurance Act stipulates the effect of invalidating special contracts that are disadvantageous to the insured, it is necessary to examine whether this method is disadvantageous to other co-insured. Research Implications - The main reason that policyholders add persons such as ship managers to co-insured is to exclude the possibility that they are subrogated from the insurer by the law of co-insured, and it is not expected that they exercise their own insurance claim rights. The insurance proceeds in ship insurance is all expense insurance or liability insurance other than total loss claims, and the claim against them is a joint bond that supports the joint and several liability of persons involved in the operation and management of the ship. Since the exercise of the claim by any one of the insured (the performance of the debt by it) extinguishes the debt of the other insured, there is no disadvantage to other co-insureds to concentrate the exercise of the claim on the policyholder.

목차

Ⅰ. 서론

Ⅱ. 부진정연대채무와 공동피보험자의 개념

Ⅲ. 공동피보험자의 보험금 청구권에 대한 개요와 해결책

Ⅳ. 부진정연대채무에서 공동피보험자의 보험금청구권에 대한 시사점

Ⅴ. 결론

References

키워드

Co-Insured Joint and Several Liability Marine Insurance Contract Ship Insurance