애스크로AIPublic Preview
← 학술논문 검색
학술논문경영법률2008.01 발행KCI 피인용 12

보험판례와 향후 소비자보호 방안

Analysis of korean insurance law cases and some suggestions in the regard of consumer protection

최병규(건국대학교)

18권 2호, 333~361쪽

초록

Insurance contract is a promise by one person to pay another money or any other thing of value upon the happening of a fortuitous event, beyond the effective control of either party, in which the promisee has an interest apart from the contract. The contract of insurance is the primary illustration of a class of contracts described as uberrimae fidei, that is, of the utmost good faith. As a result, the potential parties to it are bound to volunteer to each other before the contract is concluded information which is material. The requirement of utmost good faith has also been held to apply throughout the contract. This study concentrates on showing the trend of korean insurance law cases. The author has tried to analyse th insurance law cases and to point out the problems that korean courts in regards of consumer protection confront. The korean supreme court should change its attitude forward consumer protection. It should, on the other hand, try to apply the principles of insurance.

Abstract

Insurance contract is a promise by one person to pay another money or any other thing of value upon the happening of a fortuitous event, beyond the effective control of either party, in which the promisee has an interest apart from the contract. The contract of insurance is the primary illustration of a class of contracts described as uberrimae fidei, that is, of the utmost good faith. As a result, the potential parties to it are bound to volunteer to each other before the contract is concluded information which is material. The requirement of utmost good faith has also been held to apply throughout the contract. This study concentrates on showing the trend of korean insurance law cases. The author has tried to analyse th insurance law cases and to point out the problems that korean courts in regards of consumer protection confront. The korean supreme court should change its attitude forward consumer protection. It should, on the other hand, try to apply the principles of insurance.

발행기관:
한국경영법률학회
분류:
법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
보험판례와 향후 소비자보호 방안 | 경영법률 2008 | AskLaw | 애스크로 AI