독일 보험계약법 제28조의 계약상의 간접의무에 대한 연구

• 영문명: A study on indirect duty per contract by article 28 german insurance law
• 발행기관: 한국재산법학회
• 저자명: 최병규(Choi, Byeong-Gyu)
• 간행물 정보: 『재산법연구』財産法硏究 第26卷 第3號, 29~51쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.28

영문 초록

Recently 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 insurance contract law indirect duty plays very important role. Duty of disclosure and duty of notice are the examples. In germany the insurance contract law(VVG) divides indirect duty into two categories, namely indirect duty per law and indirect duty per contract. Duty of disclosure and duty of notice belong to indirect duty per law. The insured and insurer can also agree other special duties of insured. These belong to indirect duty per contract. Article 28 german insurance contract law regulates this indirect duty per contract. Thereby the insured can be protected from overreaching effect of such a duty. In korea there is almost no discussion about indirect duty per contract. Because of this reason, the interest of insured 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 28 german insurance contract law was regulated in article 6 at the old law. There are many discussion and court cases about article 28 german insurance contract law. This study concentrates on showing the current problems of insurance contract law in regard of the relations between indirect duty per law and indirect duty per contract. The author has meanwhile tried to provide some suggestions about reform of o provide some suggestions about regard of indirect duty per contractout retrospective point of viewregard oftried to show the right direction for ter contracabout indirect duty per contract and its violation effects.

키워드

간접의무 법률상의 간접의무 계약상의 간접의무 보험법 개정 고지의무 위반의 효과 특별 고지 주지의무 독일 보험법 보험계약자보호 indirect duty indirect duty per law indirect duty per contract reform of insurance law duty of disclosure effect of violation special notice duty of letting know german insurance law protection of insured