생명보험의 보험계약자 확정에 관한 연구

If we see a life insurance contract in view of the uniformity, the formation and the peculiarity of insurance contract, it is proper that a policyholder is a nominee of insurance who signed or sealed in an application for insurance and published as a policyholder in insurance policy. There is a need to organize the legal relationship between the nominee of insurance, the doer of insurance and the payer of insurance. In this case, these will be interpreted as a surrogate, unjust enrichment, donation, alternative payment contracts depending on the specific conditions, apart from insurance contract. When a doer of insurance or a payer of insurance would exercise the rights of policyholder and then a insurer would responds to these, It is necessary to adjust the interests between the insurer and the nominee of insurance or the doer of insurance. In particular, it is not take effect that the a doer of insurance terminate a insurance contract, unless the doer of insurance don’t have a power of agency. The termination becomes available when it is met the requirements of Civil code apparent authority. In this situation, it is a principle that the insurance company pay the policyholder of nominee of insurance the surrender value. To have a receiving authorization of surrender value, a doer of insurance or a payer of insurance should be authorized from an policyholder or recognized in the law. Therefore, it is invalid that the insurer pay a unauthorized doer of insurance or a unauthorized payer of insurance the surrender value. If there would be the appearance to believe that a doer of insurance or a payer of insurance have a receiving authorization of surrender value, it will be applied the quasi-possessor reimbursement provisions in the Civil Code can be applied.