메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색
질문

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국무역상무학회 무역상무연구 무역상무연구 제43권
발행연도
2009.8
수록면
239 - 273 (35page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색
질문

초록· 키워드

오류제보하기
Marine insurance contracts, which intended to provide indemnity againstmarine risks upon the payment of a premium, originated in Northern Italyin the late 12th and early 13th centuries. The law and practice of Italianmerchants were later introduced into England through Lombard merchants.It is, therefore, quite exact that English and Continental marine insurancelaw have common root. Nevertheless, some significant divergences betweenEnglish and Continental marine insurance systems occurred since the late17th century, mainly due to different approaches adopted by Englishcourts.The rule of warranty in English marine insurance was established in thesecond part of the 18th century by Lord Mansfield, who laid thefoundations of the modern English law of marine insurance and developeddifferent approaches, especially in the field of warranty in marineinsurance law. Since the age of Lord Mansfield, English marine insurancelaw has developed a unique rule on warranty. Bearing in mind therealities of the 18th century, it could easily be understood why LordMansfield afforded such a strict legal character to marine warranties. Atthat time, the 'promise' given by the assured, played an important role forthe insurer to assess the scope of the risk.Legal environments, however, have changed dramatically since the timesof Lord Mansfield. Of course, it is still important that the assured keephis promises to the insurer under the insurance contract, which is basedupon utmost good faith. Nevertheless, the remedy of automatic dischargefrom liability, regardless of existence of a casual link between the breachand loss seems harsh in the realities of the 21st century. After examiningthe warranty regime adopted by the German and Norwegian hull clauses,it is fair to say that they provide a more equitable approaches for theassured than does English law. Therefore, this article suggests that Englishwarranty regime needs overall reform and it is time to reform.

목차

등록된 정보가 없습니다.

참고문헌 (0)

참고문헌 신청

함께 읽어보면 좋을 논문

논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0

UCI(KEPA) : I410-ECN-0101-2019-320-000233121