보험목적의 양도 법제에 관한 고찰-상법 개정안과 관련하여-
A Study on Legislative System of Assignment the Subject-Matter of Insurance -With Reference to the Revised Bill of Korean Commercial Code-
정규(공주대학교)
32호, 315~338쪽
초록
This paper is designed to estimate and to interpret the Present Korean Commercial Code the Revised Bill of Korean Commercial Code. Especially this paper work is progressed to focus on the Article 679 of Korean Commercial Code. This revised bill tries to solve the deep-seated problems about the assignment the subject-matter of insurance from hitherto. First of all, the prnciple of presumption of transfer has been replaced by the principle of a matter of course of transfer. Furthermore he includes the effect of breach of the duty of notice. In addition, he newly stipulates that when he assigns the subject-matter of insurance, concurrently the assignor's rights and obligations are transferred to the assignee. And also he newly stipulates the assignor's or assignee's obligation to give notice of the fact that they assigned the subject-matter of insurance to that insurer. Nevertheless it is still imperfection. Therefore I sincerely hope that it is to stipulate clearly and perfectly more than present revised bill.
Abstract
This paper is designed to estimate and to interpret the Present Korean Commercial Code the Revised Bill of Korean Commercial Code. Especially this paper work is progressed to focus on the Article 679 of Korean Commercial Code. This revised bill tries to solve the deep-seated problems about the assignment the subject-matter of insurance from hitherto. First of all, the prnciple of presumption of transfer has been replaced by the principle of a matter of course of transfer. Furthermore he includes the effect of breach of the duty of notice. In addition, he newly stipulates that when he assigns the subject-matter of insurance, concurrently the assignor's rights and obligations are transferred to the assignee. And also he newly stipulates the assignor's or assignee's obligation to give notice of the fact that they assigned the subject-matter of insurance to that insurer. Nevertheless it is still imperfection. Therefore I sincerely hope that it is to stipulate clearly and perfectly more than present revised bill.
- 발행기관:
- 한양법학회
- 분류:
- 법해석학