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학술논문재산법연구2010.10 발행KCI 피인용 1

독일 보험계약법상 잠정적인 보상에 대한 연구

A Study on provisional coverage agreement in german insurance contract law

최병규(건국대학교)

27권 2호, 131~153쪽

초록

In germany provisional coverage agreement plays very important role in motor insurance. By the registration of car the authority asks for insurance certificate. But the insurance company is going to check up the risk thoroughly. In this process provisional coverage agreement is designed and in the practice used widely. The people make use of provisional coverage as usual in the process of car registration. In germany(2007) there was heavy reform in the field of insurance contract law. It was effected on 1. jan. 2008. There were no regulation about provisional coverage in german insurance contract law before. But the legislator has some regulations(49~52 german insurance contract law(VVG)) about provisional coverage by the reform 2007. This study concentrates on showing the detailed contents of german regulation and theories about provisional coverage agreement. The author has tried to pick out some suggestions from german discussions. Nowadays many countries are making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. By the reform discussion in korea we can also consider adopting some regulations about provisional coverage agreement. Thereby german discussions, court decisions and law can give us very useful suggestions.

Abstract

In germany provisional coverage agreement plays very important role in motor insurance. By the registration of car the authority asks for insurance certificate. But the insurance company is going to check up the risk thoroughly. In this process provisional coverage agreement is designed and in the practice used widely. The people make use of provisional coverage as usual in the process of car registration. In germany(2007) there was heavy reform in the field of insurance contract law. It was effected on 1. jan. 2008. There were no regulation about provisional coverage in german insurance contract law before. But the legislator has some regulations(49~52 german insurance contract law(VVG)) about provisional coverage by the reform 2007. This study concentrates on showing the detailed contents of german regulation and theories about provisional coverage agreement. The author has tried to pick out some suggestions from german discussions. Nowadays many countries are making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. By the reform discussion in korea we can also consider adopting some regulations about provisional coverage agreement. Thereby german discussions, court decisions and law can give us very useful suggestions.

발행기관:
한국재산법학회
분류:
민법

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