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해상보검에 있어서 항검증가의 교과에 관한 비교법적 고찰 KCI 등재

A Comparative Legal Study on the Effect of the Increase of Risk in Marine Insurance

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Journal of Korean Navigation and Port Reserch (한국항해항만학회지)
한국항해항만학회 (Korean Institute of Navigation and Port Research)
초록

A Contract of marine insurance is a contract whereby the insurer undertakes to indemnity the assurd, in manner and to the extent thereby agreed, against marine losses that is to say, the losses incident to marine adventure. But the matter is that whether the problem of increased risk in insurance law should be understood by matching to nay state under general principle of contract law and whether that we should give any effect is more proper to the original object of the system. For this, it is understood that it is a case to be applied a "clausula rebus sic stantibus" in general today, but it is regarded as the matter that whether "clausula rebus sic stantibs" is charging any position in change of risk and whether we should understood the concept of the risk on the substance of the risk. Accordingly the recognition for the problem like this, study should examine closely into whether any system for the effect of increase in change of risk is more proper and rational system provide the supplementing points through our principle of insurance law and the study by comparing method.by comparing method.

저자
  • 김경식