일본 보험법상 고지의무제도의 개혁
On the Reform of the Duty of Disclosure in Japanese Insurance Contract Law
김선정(동국대학교)
22권 4호, 383~407쪽
초록
In 2008, Japanese government revised the commercial code ch.10(insurance). The insurance code separated from commercial code and the content was revised completely. The writer focused on the revision of §644, 645, 678 of Japanese commercial code concerning the duty of disclosure and evaluate the revision. This year's revision achieved outstanding reform in spite of the failure to adapt so-called "pro-rata principle". The writer compare with the Japan insurance contract law with the draft of Korean insurance contract law and conclude that the later is not sufficient to reach the goal to solve the various problem generated from the duty of disclosure. The lessons from the Japanese experience and legal issues arising the revision will be contribute to Korean insurance contract law reform.
Abstract
In 2008, Japanese government revised the commercial code ch.10(insurance). The insurance code separated from commercial code and the content was revised completely. The writer focused on the revision of §644, 645, 678 of Japanese commercial code concerning the duty of disclosure and evaluate the revision. This year's revision achieved outstanding reform in spite of the failure to adapt so-called "pro-rata principle". The writer compare with the Japan insurance contract law with the draft of Korean insurance contract law and conclude that the later is not sufficient to reach the goal to solve the various problem generated from the duty of disclosure. The lessons from the Japanese experience and legal issues arising the revision will be contribute to Korean insurance contract law reform.
- 발행기관:
- 한국기업법학회
- 분류:
- 법학