영국법의 최대선의의무 논의 동향과 우리법에의 시사점

Korean Commercial Law draft bill art. 638 (2) provides “The parties of insurance contract should be based on the doctrine of utmost good faith in concluding the insurance contract, exercising the rights, and performing the duties.” This article comes from the English Insurance Act art. 17 which provides “A contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract may be avoided by the either party.” But utmost good faith doctrine in English Law is the notion of the angloamerican legal system which 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 ②“The exercise of rights and the performance of duties shall be in accordance with the principle of trust and good faith.”And it proposes the deletion from the draft or the change of the clause adapted to continental legal system. And English academics have deeply reviewed the cardinal doctrine of insurance law such as insurable interest, misrepresentation, insurance intermediaries, and proposes the amendment of insurance contract law in viewpoint of consumer’s protection, its modernization. This article studies fraudulent claims, duty of disclosure, aggravation of the risks, and asserts to accept the generally accepted matters about them in the amendment of Korean Insurance Law.