일반 손해보험에 대한 보증보험의 특성에 관한 연구

Guaranty insurance is one of the peculiar kinds of insurance, which was introduced almost 50 years ago. There has been lots of debate on the characteristic of guaranty insurance but cases have declared it has the characteristic of both a property insurance contract and a guaranty contract. This paper is aiming at researching on the difference between the property insurance and the guaranty insurance. Guaranty insurance has some special characteristics, one of which is that it is based on the policyholder’s obligation to obligee. The effectiveness of this obligation affects on that of insurer's obligation caused by insurance contract and this characteristic comes from civil law system relating to the guaranty contracts. And the insured risk of the guaranty insurance is related to the intention of policyholder, which is different from other types of property insurance. In guaranty insurance we need to protect the insured who made contract with obligor(policyholder) based on the policy. Therefore, even though the policyholder misrepresented something important to insurer, the insurer can’t cancel the insurance contract against the insured who believes in the effectiveness of the policy. And the right to indemnity of the insurer against the policyholder after paying the proceeds to the insured is another special characteristic of guaranty insurance.