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
This paper deal with doctrine of Insurer's Utmost Good Faith. a contract of insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract amy be avoided by the either party. But utmost good faith doctrine in English Law is the notion of the Anglo-American legal system witch greatly differs from Korean one. And this article writes that the utmost good faith doctrine is similar to the doctrine of the trust and good faith which is provided in the Korean Civil Law art 2. In writer's view, under the Korean law, the insurer's duty of disclosure ti the insured is admitted with the rule of good faith and clause of fraud exclusion in the Korean Civil Code. In this regard, the legal effect of the violation of the said provisions will be a breach of contract or tort law, and one who has suffered damages from the non-disclose may request compensation from the insurer. The Korean Supreme Court considers the insurer's liability under Article 102 to be a strict liability, and broadly applies the Article to various situations. Because Article 102 of the Korean Insurance Business Act is unique, the UK law does not have that kind of provision in their legislation. Under the Korean law, the insured who has suffered damages from non-disclose of the insurer may be compensated for is losses with the application of Article 102 to some extents, Article 102 of the Korean Insurance Business Act.
목차
등록된 정보가 없습니다.
참고문헌 (23)
참고문헌 신청
D. Rhidian Thomas / / Maritime Insurance: The Law in Transition / Informa
Daniel S. Bopp / 1992 / Tort And Contract In Bad Faith Cases: Is The Honeymoon Over? / Defense Counsel Journal
P. S. Atiyah / 1995 / An Introduction to the Law of Contract, 5th ed. / Clarendons Press
Peter MacDonald Eggers / / Good Faith and Insuraance Contract, 2nd E. / LLP
木下孝治 / 2007 / 保險契約におけゐ情報隔差の是正と不正請求對策 / 商事法務 (1808)
Daniel S. Bopp / 1992 / Tort And Contract In Bad Faith Cases: Is The Honeymoon Over? / Defense Counsel Journal
P. S. Atiyah / 1995 / An Introduction to the Law of Contract, 5th ed. / Clarendons Press
Peter MacDonald Eggers / / Good Faith and Insuraance Contract, 2nd E. / LLP
木下孝治 / 2007 / 保險契約におけゐ情報隔差の是正と不正請求對策 / 商事法務 (1808)
이 논문의 저자 정보
최근 본 자료
댓글(0)
0