해상보험계약법상 담보법리의 변화 동향 - MIA상의 담보법리적용에 대한 변화를 중심으로 -

This paper reviews recent trend in addressing the controversial issues of the interpretation and application of the warranty doctrine in marine insurance contracts. The breach of warranty discharges the insurers from further liability since the breach is committed because compliance with the warranty is a condition precedent to the liability of the insurer. The primary purpose of the warranty in marine insurance was to limit risks against navigational hazard and to prevent fraudulent contract. However, it is requested for the warranty doctrine to be reformed since the literally strict compliance with the warranty would create unfair and unreasonable relationship of the concerned parties of the insurance contract. The direction of the marine insurance law reform is to require the causation between the breach of warranty and the resulted loss for the insurer to be free from liability. The other view for amelioration of the strictness of the warranty doctrine is that warranty can be construed as a condition precedent to payment of a particular claim rather than a condition precedent to liability under the whole policy.