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학술논문법학논총2015.03 발행

타보험계약의 존재와 고지의무

Study on the Duty to Disclose Other Insurance Contract

최준규(한양대학교)

32권 1호, 103~126쪽

초록

In this article, I survey English, American, Australian, German, Japaneseinsurance law about the duty to disclose other insurance contract. On the basis ofcomparative legal research, I draw the following conclusion in Korean insurancelaw. The existence of other insurance contract is not the matter that should bedisclosed to insurer per se, in Korean insurance law. But when insurance contractsare so accumulated that one have reason to doubt the insured's moral hazard, thenother insurance contract should be disclosed to insurer. When there is duty ofdisclosure about other insurance contract, it is desirable to admit generously thecausation between non-disclosure and the occurrence of the insured event.

Abstract

In this article, I survey English, American, Australian, German, Japaneseinsurance law about the duty to disclose other insurance contract. On the basis ofcomparative legal research, I draw the following conclusion in Korean insurancelaw. The existence of other insurance contract is not the matter that should bedisclosed to insurer per se, in Korean insurance law. But when insurance contractsare so accumulated that one have reason to doubt the insured's moral hazard, thenother insurance contract should be disclosed to insurer. When there is duty ofdisclosure about other insurance contract, it is desirable to admit generously thecausation between non-disclosure and the occurrence of the insured event.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.18018/HYLR.2015.32.1.103
분류:
법학

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