지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Some member of the National Assemblies suggested draft of a proposed law that revise part of insurance law at ordinary session of the National Assembly of 2010. When insurer violated in duty, it is these contents that solidify contractor’s right of rescission and protect consumer’s profit. It is purpose that this treatise examines in detail about the draft of a proposed law.
First, I am going to examine about insurer’s duty of delivery and teaching of article. Scholars had insisted that duty of delivery and teaching of article of a insurer is obligation at past. But, I think duty of delivery and teaching of article of a insurer that is the nearest obligation with genuine duty now.
Second, I am going to examine about duty of disclosure and notification of a policyholder. Scholars had insisted that duty of disclosure and notification of a policyholder is obligation at past. But, I think duty of disclosure and notification of a policyholder that is the obligation that duty is weaker obligation than genuine duty now.
Finally, I am going to study about relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law.
That is, relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law may not correspond each other like past now.
Because relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law is different legal nature.
And I think that duty of delivery and teaching of article of a insurer is protecting policyholder’s profit faithfully by commercial law and articles’s regulation law already.
Also, if recognize that duty of delivery and teaching of article of a insurer is the nearest obligation with genuine duty, I think that it is accomplishing balance enough with duty of disclosure and notification of a policyholder already.
First, I am going to examine about insurer’s duty of delivery and teaching of article. Scholars had insisted that duty of delivery and teaching of article of a insurer is obligation at past. But, I think duty of delivery and teaching of article of a insurer that is the nearest obligation with genuine duty now.
Second, I am going to examine about duty of disclosure and notification of a policyholder. Scholars had insisted that duty of disclosure and notification of a policyholder is obligation at past. But, I think duty of disclosure and notification of a policyholder that is the obligation that duty is weaker obligation than genuine duty now.
Finally, I am going to study about relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law.
That is, relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law may not correspond each other like past now.
Because relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law is different legal nature.
And I think that duty of delivery and teaching of article of a insurer is protecting policyholder’s profit faithfully by commercial law and articles’s regulation law already.
Also, if recognize that duty of delivery and teaching of article of a insurer is the nearest obligation with genuine duty, I think that it is accomplishing balance enough with duty of disclosure and notification of a policyholder already.
목차
Ⅰ. 문제의 제기
Ⅱ. 상법상 보험자 측의 약관교부ㆍ명시의무
Ⅲ. 상법상 보험계약자 측의 고지ㆍ통지의무
Ⅳ. 양 의무의 관계 및 관계재정립의 필요성
Ⅴ. 결어
참고문헌
Abstract
참고문헌 (1)
참고문헌 신청
이 논문과 연관된 판례 (3)
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대법원 1998. 4. 10. 선고 97다47255 판결
[1] 보험자 및 보험계약의 체결 또는 모집에 종사하는 자는 보험계약의 체결에 있어서 보험계약자 또는 피보험자에게 보험약관에 기재되어 있는 보험상품의 내용, 보험료율의 체계 및 보험청약서상 기재 사항의 변동 사항 등 보험계약의 중요한 내용에 대하여 구체적이고 상세한 명시·설명의무를 지고 있다고 할 것이어서 보험자가 이러한 보험약관의 명시
자세히 보기 -
대법원 1998. 11. 27. 선고 98다32564 판결
[1] 일반적으로 특별법이 일반법에 우선한다는 원칙은 동일한 형식의 성문법규인 법률이 상호 모순·저촉되는 경우에 적용되는 것이고 법률이 상호 모순·저촉되는지 여부는 법률의 입법목적, 적용범위 및 규정사항 등을 종합적으로 검토하여 판단하여야 하는데, 약관의규제에관한법률 제30조 제3항에서 다른 법률에 특별한 규정이 있는 경우에 그 규정이
자세히 보기 -
대법원 2006. 1. 26. 선고 2005다60017,60024 판결
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UCI(KEPA) : I410-ECN-0101-2013-360-000490231