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학술논문상사판례연구2012.03 발행KCI 피인용 2

보험법상 집합보험에 대한 연구

A Study on Insurance of Assembled Things

최병규(건국대학교)

25권 1호, 391~415쪽

초록

Nowadays people live together not only with family, but also with other acquaintances. Insurance of assembled things is about the insurance on things which are gathered in one house. When each person should make an insurance separately, it is very uneasy. Therefore it is very useful, when they are insured simultaneously and automatically with one and only insurance contract. The insurance of assembled things plays such a important role in modern multiple society. Such an insurance should cover the things not only of the family but also of other acquaintances(friends and so on). Many countries make an effort to provide better insurance contract law. In fact, insurance contract law has developed significantly worldwide in recent years. Especially in Germany and in Japan, there were heavy reforms in the field of insurance contract law. The German Insurance Contract Law was revised in 2007 significantly. It entered into force on 1 Jan. 2008. By this reform germany undertook important change in regard of the insurance of assembled things. Originally the insurance of assembled things was located in the part of fire insurance. But after the reform it was located in the part of goods insurance(article 89 german insurance contract law[VVG]). In german insurance contract law, not all the articles are half-compulsory articles. But in Korea all the articles of insurance contract law(namely that of in commercial code) are half-compulsory articles. One more change by the reform of 2007 in germany is that the german insurance contract law has included the insurance of other acquaintances in the field of insurance of assembled things. But korean regulations(article 686 and article 687 Commercial Code) are until the same contents which was so before the reform in germany. We should accept things of other acquaintances into the insurance of assembled things. The article-location should also move to non life insurance chapter.

Abstract

Nowadays people live together not only with family, but also with other acquaintances. Insurance of assembled things is about the insurance on things which are gathered in one house. When each person should make an insurance separately, it is very uneasy. Therefore it is very useful, when they are insured simultaneously and automatically with one and only insurance contract. The insurance of assembled things plays such a important role in modern multiple society. Such an insurance should cover the things not only of the family but also of other acquaintances(friends and so on). Many countries make an effort to provide better insurance contract law. In fact, insurance contract law has developed significantly worldwide in recent years. Especially in Germany and in Japan, there were heavy reforms in the field of insurance contract law. The German Insurance Contract Law was revised in 2007 significantly. It entered into force on 1 Jan. 2008. By this reform germany undertook important change in regard of the insurance of assembled things. Originally the insurance of assembled things was located in the part of fire insurance. But after the reform it was located in the part of goods insurance(article 89 german insurance contract law[VVG]). In german insurance contract law, not all the articles are half-compulsory articles. But in Korea all the articles of insurance contract law(namely that of in commercial code) are half-compulsory articles. One more change by the reform of 2007 in germany is that the german insurance contract law has included the insurance of other acquaintances in the field of insurance of assembled things. But korean regulations(article 686 and article 687 Commercial Code) are until the same contents which was so before the reform in germany. We should accept things of other acquaintances into the insurance of assembled things. The article-location should also move to non life insurance chapter.

발행기관:
한국상사판례학회
DOI:
http://dx.doi.org/
분류:
법학

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