Earticle

초록

영어

The liability insurance contract has developed in various forms to reduce the liability of offenders and to provide relief for victims(피 해자) in cases of accidents. The liability insurance is a property insurance, indemnity insurance and negative insurance in that the insured is responsible for the damage liability to the third party in the accident covered. Various legal issues may occur from the relations among the insured, the insurer and the victim regarding the liability. One example is the case where the insured(offender) is moneyless. In such cases, the victim cannot be compensated by the offender. In order to prevent situations as such, Clause 2 of Article 724 of the Korean commercial law stipulates the direct claim by the victim, thereby providing protection for the victim. According th the clause, the insurer takes over the liability for damage from the insured in a coexistent manner. The issue of extinctive prescription is also influenced by the way we define the characteristics of damage claim. For damage claim, the 2-year extinctive prescription as in insurance claim should be applied analogically to guarantee safe transaction and to induce swift conclusion. The insurer can oppose the victim using the plea which the insured has against the victim. Also, in the liability insurance contract with the limit of liability, the damage claim by the victim comes before the insurance claim by the insured.

목차

Ⅰ. 서설
 Ⅱ. 책임보험계약의 특징
  1. 의의ㆍ성질
  2. 책임보험계약의 요소
 Ⅲ. 제3자의 직접청구권의 본질
  1. 상법 제724조 제2항의 기능
  2. 직접청구권의 근거
  3. 직접청구권의 법적성질
  4. 직접청구권의 소멸시효
 Ⅳ. 보험자의 항변권과 청구권의 경합
  1. 보험자의 항변권
  2. 손해배상청구권과 보험금청구권과의 경합
 Ⅴ. 결어
 참고문헌
 Abstract

키워드

저자

• 권기훈 [ Kwon, Keehoon | 경상대학교 법과대학 교수, 동 법학연구소 책임연구원 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  아주법학 [Ajou Law Research]

• 간기

  계간

• pISSN

  1976-3115

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340