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
Commercial act art.731 provides that a contract of insurance which covers the death of a third person as an insured event shall require the written consent of the third person at the same time as the insurance contract is concluded. This provision also can be applied if the rights arising from the contract of insurance have been transferred to the person other than the insured, and mutatis mutandis to the designation and change of the beneficiary. A purpose of the legislation is to prevent moral risk, infringement of personal rights, and gambling of insurance contract. Many countries’ insurance contract law adopts this rule but do not enact whether the insured have the power to withdraw the consent or not.
According to the common view, it might be interpretated that the insured can withdraw the consent before it gets concluded, but cannot withdraw consent of the concluded contract without the consents of the policyholder and beneficiary. However, the Supreme Court Decision (2011Da81190, 81206 decided on September 14, 2013) reached an opposite conclusion. Only Japanese insurance Act has a provision (§37,) to solve this issue. The writer introduce the content of the concerned provisions and legal issues and expect to lively discussion in our academia
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