SHERP

영국법상 보험계약조건에 대한 연구
A Study on the Insurance Contract Terms in English Law

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Authors
한기정
Issue Date
2009
Publisher
서울대학교 법학연구소
Citation
법학, Vol.50 No1 pp.351-377
Keywords
보험계약조건위험제한조항영국법개정위원회가계보험영국법the clause Limiting the riskinsurance contract termsthe retail insurancethe business insurancecausal connectionthe warrantythe English Law Commission
Abstract
This article deals with English law relating to insurance contract terms, which
is often referred to for a comparative research in Korea. English insurance
contract terms are regarded as various, and considerably harsh and strict upon
the insured. In particular, the warranty and the clause limiting the risk are
particularly harsh and strict according to the current English law thereabout.
However, the recent trend of protecting financial consumers, and the necessity
for adjusting the existing law to the change of insurance contract circumstances
have prompted a severe criticism against the favor of the current law for the
insurer. It is not surprising that the English Law Commission published the
working paper in 2006 and the consultation paper in 2007 for the purpose of
reforming the law about the warranty and the clause limiting the risk, and are
now preparing for the final report. This article analyses and evaluates the current
English law and the above working paper by the English Law Commission, and
finds their implications for the Korean law thereon.
This article concludes as follows. Firstly, the above working paper suggests
that the requirements and the effect of insurance contract terms be differentiated
according to their kinds and the sorts of insureds such as the retail insured or
the business insured. This desirable proposal seems also applicable to the Korean
law which does not recognise it. Secondly, the above working paper also
suggests that the insurer can be exempted from its liability only when the breach
of an insurance contract term is causally connected to the loss. However,
regarding the level of causal connection it does not require ‘cause the loss’, but
‘increase the risk’ or ‘contribute the loss’. It might be said that this requirement...
ISSN
1738-1150
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10269
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 50, Number 1/4 (2009)
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