日本保險法上 保險契約解除에 관한 硏究

In June 2008 Japan legislated its insurance law. The significance of this legislation was the drastic modification of the regulation about the cancellation of the policy contract. Separate regulations were legislated for each different type of cancellation of policy contracts, i.e. cancellation by the contractor, cancellation by the insurer, and cancellation by a third party. First, cancellations by the contractor are possible by free cancellation,cancellation by the insured, and bankruptcy of the insurer by the insurer,Cancellations under these circumstances constitute enforcement regulations. Cancellations by the insurer occur when the contractor or the insured does not fulfill notice obligation, the contractor or the insured fails to provide notice when there is an increasing risk, or the beneficiary causes death or severe harm to the insured for the sum insured. Under these cancellations, any clause containing special policy conditions that are deemed disadvantageous to the contractor are considered void. Lastly, a trustee in bankruptcy or an execution creditor can also cancel a policy as well as a beneficiary upon obtaining a stipulation by the contractor. In cases where no clause about cancellation is present in Japanese Insurance Law, i.e. cancellation by the contactor’s lack of due and deferred premium payment, then the general private law or insurance provisions deem to have authority to govern. In the end, cancellation of policy contract by the contractor can be freely obtained unless the policy specifically states otherwise. However,cancellation by the insurer and the insurer’s exemption of liabilities are recognized only when the requirements for the insurance law are met. The reason for regulating the cancellation by the insurer is to protect the interests of the contractor who enrolled in the policy to prepare for the unknown risks in the future.