제1편 통 칙
제1장 총 론
제1절 보험계약 총칙 35
Ⅰ. 보 험 ·······································································································35
1. 보험의 필요성과 정의 및 본질 ··························································35
2. 상법 제4편의 보험의 분류 ·································································40
3. 상법 이외의 분류 ···············································································42
Ⅱ. 보험계약 ··································································································46
1. 보험계약의 의의 ·················································································46
2. 보험계약의 법적 유효요건 ·································································47
3. 보험계약의 성질 ·················································································49
4. 결 어 ··································································································58
Ⅲ. 보험계약법 ······························································································59
1. 보험계약법의 의의 ·············································································59
2. 보험계약법의 특성 ·············································································61
제2절 보험계약의 당사자와 관계자 65
Ⅰ. 보험계약의 당사자 ··················································································65
1. 보험자(insurer) ···················································································66
2. 보험계약자(또는 보험가입자, contractor of insurance) ······················67
Ⅱ. 보험계약의 관계자 ··················································································68
1. 피보험자 ·····························································································68
2. 보험수익자 ·························································································71
3. 보험모집의 이행보조자 ······································································72
4. 보험모집보조자와 보험자의 배상책임 ················································78
Ⅲ. 新보험상품 판매방법 ···············································································78
1. 방카슈랑스 ·························································································78
2. 텔레마케팅 ·························································································79
3. 사이버마케팅 ······················································································79
4. 홈쇼핑 ································································································79
제3절 보험설계사의 법적 지위 80
Ⅰ. 서 설 ·······································································································80
1. 의 의 ··································································································80
2. 법규정과 전통적인 견해 ····································································81
Ⅱ. 대내적 지위 ····························································································81
Ⅲ. 대외적 지위 ····························································································82
1. 제1회보험료수령권의 존부 ·································································82
2. 고지수령권의 인정여부 ······································································83
3. 계약체결권의 인정여부 ······································································84
4. 보험약관의 교부?설명의무 인정 여부 ··············································84
Ⅳ. 보험설계사의 행위에 대한 보험자의 책임 ·············································85
1. ?보험업법? 제102조 ···········································································85
2. ?생명보험표준약관? 제2조의2 ····························································86
제4절 보험계약의 요소(보험용어) 86
Ⅰ. 보험의 목적 ····························································································86
1. 의 의 ··································································································86
2. 손해보험의 목적 ·················································································87
3. 인보험의 목적 ····················································································87
4. 책임보험의 목적 ·················································································87
5. 해상보험의 목적 ·················································································88
Ⅱ. 피보험이익(보험계약의 목적) ·································································88
Ⅲ. 보험가액(피보험이익의 평가액) ······························································89
Ⅳ. 보험금액(보험가입금액) ··········································································90
Ⅴ. 보험금(보장금액) ·····················································································91
Ⅵ. 보험료 ·····································································································91
1. 최초보험료 ·························································································93
2. 계속보험료 ·························································································93
Ⅶ. 보험사고 ··································································································93
1. 의 의 ··································································································93
2. 보험사고의 요건 ·················································································94
3. 효 과 ··································································································95
Ⅷ. 보험기간 ··································································································96
1. 의 의 ··································································································96
2. 보험기간의 시기와 종기 ····································································97
3. 보험기간과 책임기준 ··········································································98
4. 보험기간에 따른 보험증권의 분류 ·····················································99
5. 보험기간과 보험계약기간의 불일치 ···················································99
6. 면책기간 ···························································································100
Ⅸ. 보험료기간 ····························································································101
1. 보험료기간 ························································································101
2. 보험료납입기간과 보장기간이 불일치 ··············································101
제5절 보험계약자 등의 불이익변경금지의 원칙 102
Ⅰ. 보험계약법과 보험약관 ·········································································103
Ⅱ. 보험계약법과 보험약관의 구속력 ··························································103
Ⅲ. 존재 근거 ······························································································103
Ⅳ. 법적 성질 ······························································································104
Ⅴ. 보험계약자 등에게 불이익하게 변경된 약관의 효력 ····························104
Ⅵ. 적용 배제 ······························································································104
제2장 보험계약의 성립
제1절 보험계약의 성립 105
Ⅰ. 개 설 ·····································································································108
14 차 례
Ⅱ. 보험계약의 성립 ····················································································109
1. 청약과 청약철회권 ···········································································109
2. 보험계약의 승낙과 계약취소권 ························································110
3. 보험계약의 특수성 ···········································································112
Ⅲ. 계약성립 전 보험청약자의 보호제도 ····················································113
1. 특별규정 ···························································································113
2. 보험자의 낙부통지의무 ·····································································113
3. 승낙의제제도 ····················································································115
4. 승낙전 사고담보제도 ········································································115
5. 적용 제외 ·························································································118
6. 제638조의2와 제656조와의 관계 ·······················································119
제2절 보험자의 책임개시시기 120
Ⅰ. 원 칙 ·····································································································120
Ⅱ. 예 외 ·····································································································121
1. 영 국 ································································································121
2. 우리나라 ···························································································121
Ⅲ. 자동차보험에서의 보상책임 발생시점의 특례 ·······································122
제3절 소급보험 122
Ⅰ. 의 의 ·····································································································122
Ⅱ. 유 래 ·····································································································123
Ⅲ. 요 건 ·····································································································123
Ⅳ. 보험자의 보상책임 ················································································124
제4절 보통보험약관 124
Ⅰ. 의 의 ·····································································································126
1. 개념과 종류 ······················································································126
2. 기 능 ································································································127
Ⅱ. 약관에 대한 규제와 교부?설명의무 ····················································127
1. 보통보험약관에 대한 규제 ·······························································127
2. 약관의 교부?설명의무 : 편입통제 ····················································130
Ⅲ. 보통보험약관의 효력 ·············································································137
1. 구속력의 문제 ··················································································137
2. 계약설(의사설) ··················································································137
3. 규범설 ·······························································································138
4. 법규정과 해석 ··················································································140
5. 판례의 견해 ······················································································141
6. 신고하지 않은 보험약관의 사법상 효력 ··········································145
7. 변경보험약관의 효력 ········································································146
Ⅳ. 보통보험약관의 해석 ·············································································147
1. 기본해석 원칙 ··················································································147
2. 작성자불이익의 원칙 ········································································148
제5절 고지의무(계약성립 전 알릴의무) 149
Ⅰ. 개 설 ·····································································································151
1. 고지의무의 의의 ···············································································151
2. 고지의무의 법적 성질 ······································································152
3. 고지의무의 근거 ···············································································152
Ⅱ. 고지의무의 내용 ····················································································153
1. 고지의무의 당사자 ···········································································153
2. 고지의무의 내용 ···············································································154
Ⅲ. 고지의무위반의 요건 ·············································································157
1. 객관적 요건 ······················································································157
2. 주관적 요건 ······················································································157
3. 입증책임 ···························································································158
Ⅳ. 고지의무위반의 효과 ·············································································158
1. 보험자의 해지권의 발생과 효력 ·······················································158
2. 보험자의 해지권의 제한 ···································································160
Ⅴ. 고지의무위반과 민법의 착오?사기와의 관계 ······································162
1. 착오와의 관계 ··················································································163
2. 사기와의 관계 ··················································································163
3. 약관상으로 해결 ···············································································164
제6절 타인을 위한 보험계약 165
Ⅰ. 타인을 위한 보험계약의 의의 ·······························································166
1. 개 념 ································································································166
2. 법적 성질 ·························································································167
3. 구별 개념 ·························································································167
Ⅱ. 보험계약체결의 요건 ·············································································168
1. 일반적인 보험계약의 성립요건의 충족 ············································168
2. 타인을 위한 의사표시 ······································································168
3. 타인의 위임 여부 ·············································································168
4. 타인의 지정 여부 ·············································································169
Ⅲ. 계약의 효과 ···························································································170
1. 보험계약자의 지위 ···········································································170
2. 피보험자?보험수익자의 권리?의무 ···············································172
3. 보험자의 대항사유 ···········································································173
4. 화재보험의 특칙 ···············································································173
제7절 대리인제도(본인을 위한 보험계약) 174
1. 대리의 의의 ······················································································174
2. 대리인의 지위 ··················································································175
3. 대리인 또는 체약대리상에 의한 보험계약의 효과 ···························176
제3장 보험계약의 효과
제1절 보험계약자의 권리 179
1. 청약철회권 ························································································179
2. 계약취소권 ························································································180
3. 보험계약의 부활 ···············································································180
4. 보험계약자의 보험료감액청구권과 반환청구권 ································180
제2절 보험계약자의 의무 181
제3절 보험료지급의무 183
Ⅰ. 총 설 ·····································································································184
1. 보험료의 의의와 지급의무자 ····························································184
2. 최초보험료와 계속보험료의 구별 ·····················································190
Ⅱ. 최초보험료 ····························································································191
1. 최초보험료의 지급시기 ·····································································192
2. 최초보험료의 지급효과 ·····································································192
3. 최초보험료 지체의 효과 ···································································193
4. 어음과 수표에 의한 최초보험료의 지급 ··········································194
5. 선일자수표(또는 延手票, deferred cheque)로 최초보험료를
지급한 경우 ······················································································198
Ⅲ. 계속보험료 ····························································································199
1. 상법의 규정 ······················································································200
2. 보험계약의 해지요건과 절차 및 효과 ··············································200
3. 실효약관의 효력 문제 ······································································203
4. 보험계약의 해지와 그 불이익방지 ···················································205
제4절 위험변경증가통지의무 및 위험변경증가금지의무 206
Ⅰ. 객관적 위험변경증가통지의무 ·······························································207
1. 개 설 ································································································207
2. 의 의 ································································································208
3. 제도의 취지 ······················································································208
4. 법적 성질 ·························································································208
5. 통지의무의 범위와 대상 ···································································208
6. 통지시기 및 방법과 상대방 ·····························································210
7. 통지이행의 효과와 보험자의 선택권 ················································210
8. 통지불이행의 효과 ···········································································211
9. 보험사고 발생 후의 계약해지 ··························································211
10. 인과관계의 부존재 증명 ···································································212
Ⅱ. 주관적 위험변경증가금지의무(위험유지의무) ········································212
1. 의 의 ································································································212
2. 법적 성질 ·························································································213
3. 의무위반의 요건 ···············································································213
4. 효 과 ································································································213
제5절 보험사고발생통지의무 215
1. 규정취지 ···························································································215
2. 법적 성질 ·························································································215
3. 통지의 대상 ······················································································216
4. 통지시기와 방법 ···············································································216
5. 통지의무자와 상대방 ········································································216
6. 통지의무의 효과 ···············································································216
7. 통지의무위반의 효과 ········································································216
8. 피보험자의 통지의무 ········································································217
제6절 보험계약자의 주소 등 변경통지의무 217
제4장 보험자의 의무
제1절 보험증권교부의무 220
Ⅰ. 의 의 ·····································································································222
Ⅱ. 법적 성질 ······························································································223
1. 비설권증권(非設權證券)성 ·······························································223
2. 요식증권(要式證券)성 ······································································223
3. 증거증권(證據證券)성 ······································································223
4. 면책증권(免責證券)성 ······································································224
5. 완화된 제시증권(提示證券)성과 상환증권(相換證券)성 ··················224
6. 불완전한 유가증권(有價證券)성 ·······················································225
7. 유인증권(有因證券)성 ······································································227
Ⅲ. 보험증권의 작성?교부와 동시조건 ······················································227
1. 보험증권의 작성?교부 ····································································227
2. 동시조건 ···························································································228
Ⅳ. 보험증권에 대한 이의신청 ····································································228
Ⅴ. 보험증권의 재교부청구 ·········································································229
제2절 보험금지급의무 230
1. 보험금지급책임의 발생요건 ······························································231
2. 보험금지급방법과 시기 ·····································································232
3. 보험금지급장소 ·················································································233
4. 보험금지급책임의 소멸시효 ······························································234
5. 대출의무(대부의무) ···········································································235
제3절 보험료반환의무 235
1. 의 의 ································································································235
2. 보험계약이 취소된 경우 ···································································236
3. 보험계약이 무효인 경우 ···································································236
4. 보험사고 발생 전에 보험계약이 해지된 경우 ··································236
제5장 보험자의 면책사유
제1절 개 설 238
Ⅰ. 총 설 ·····································································································240
1. 면책사유의 의의 ···············································································240
2. 면책사유의 인정근거 ········································································240
3. 면책사유의 분류 ···············································································241
Ⅱ. 상법상 일반면책사유 ·············································································241
1. 인위적인 보험사고 ···········································································241
2. 전쟁위험 등으로 생긴 보험사고(상대적 면책사유) ··························247
3. 제3자의 고의 또는 중과실로 생긴 보험사고(면책사유 아님) ··········247
Ⅲ. 상법상 특별면책사유 ·············································································248
1. 손해보험 일반의 경우(공통적 면책사유) ··········································248
2. 특유한 면책사유 ···············································································249
Ⅳ. 약관상 개별면책사유(면책약관) ····························································249
제2절 무면허운전 중 사고에 대한 면책약관의 효력 251
1. 무면허운전이 보험계약자나 피보험자 등의 명시적 또는
묵시적 승인하에 이루어진 경우 : 면책약관은 유효/무효 ················251
2. 상해보험계약에 있어 무면허운전 면책약관의 효력(한정적 무효) ···252
3. 자기신체사고 자동차보험계약에서의 음주운전 면책약관의 효력
(한정적 무효) ···················································································252
4. 자기차량손해보험(대물손해보험) ······················································253
제6장 보험계약의 무효?변경?소멸
제1절 보험계약의 무효?변경?소멸 254
Ⅰ. 보험계약의 무효 ····················································································254
1. 의 의 ································································································254
2.「상법」상 무효사유 ·········································································255
3. 효 과 ································································································258
Ⅱ. 보험계약의 변경 ····················································································258
1. 위험의 자연적 변경?증가 ·······························································258
2. 위험의 인위적 변경?증가 ·······························································258
3. 특별위험의 감소 ···············································································258
4. 보험목적의 양도 ···············································································259
Ⅲ. 보험계약의 소멸(종료) ··········································································259
1. 당연 종료 ·························································································259
2. 보험계약의 해지(실효) ·····································································261
제2절 보험계약의 부활 264
Ⅰ. 보험계약부활의 의의와 효용 ·································································265
Ⅱ. 보험계약부활의 법적 성질 ····································································265
Ⅲ. 보험계약부활의 요건 ·············································································266
1. 계속보험료 부지급으로 인한 보험계약의 해지 또는 실효 ·············266
2. 해지환급금 등의 미지급 ···································································266
3. 부활의 청약과 연체보험료 등의 지급 ··············································266
4. 고지의무의 이행부담 ········································································267
5. 보험회사의 승낙 ···············································································267
Ⅳ. 보험계약부활의 효과 ·············································································268
1. 종전 보험계약의 회복 ······································································268
2. 보험자의 책임 ··················································································268
제2편 손해보험
제7장 총 설
제1절 손해보험계약 통칙 273
Ⅰ. 의 의 ·····································································································273
Ⅱ. 인보험과의 차이 ····················································································274
1. 기본적 차이 ······················································································274
2. 계약관계자의 차이 ···········································································274
3. 보험목적의 차이 ···············································································275
4. 보험사고의 차이 ···············································································275
5. 피보험이익과 보험가액 차이 ····························································275
6. 보험금액 차이 ··················································································276
7. 보험계약관계자의 권리?의무 차이 ·················································276
8. 보험기간 차이 ··················································································277
9. 보험자대위 차이 ···············································································277
10. 기 타 ································································································277
Ⅲ. 손해보험의 종류 ····················································································278
Ⅳ. 실손보상의 원칙(손해보상의 원칙) ·······················································279
1. 실손보상의 원칙 의의 ······································································280
2. 존재 근거 ·························································································280
3. 실손보상액 산정의 원칙과 예외 ·······················································281
4. 상법 규정(손해보상의 원칙과 한계) ·················································281
Ⅴ. 손해보상액 산정기준 ·············································································282
1. 일반원칙(실손보상의 원칙) ·······························································282
2. 예외(기평가보험가액, 신가보험가액, 법정보험가액, 간접손해) ········284
Ⅵ. 손해보상과 손해배상 ·············································································287
제2절 피보험이익 288
Ⅰ. 피보험이익의 의의 ················································································289
1. 손해보험계약의 요소 ········································································289
2. 피보험이익의 개념 ···········································································289
3. 보험의 목적과의 구별 ······································································290
4. 인보험과 피보험이익 ········································································290
5. 피보험이익의 원리 ···········································································290
Ⅱ. 피보험이익의 요건 ················································································291
1. 적법한 이익(적법성) ·········································································291
2. 경제적 이익(경제성) ·········································································291
3. 확정성 있는 이익(확정성) ································································292
Ⅲ. 피보험이익의 효용(목적) ·······································································293
Ⅳ. 피보험이익의 소멸과 흠결 ····································································294
제3절 보험가액 294
Ⅰ. 보험가액(피보험이익의 평가액)의 의의 ················································295
1. 미평가보험의 경우(시가보상의 원칙, 손해보상의 원칙) ··················296
2. 기평가보험의 경우(협정보험가액 또는 약정보험가액, 손해보상원칙의
예외) ·································································································296
Ⅱ. 보험가액과 보험금액의 관계 ·································································297
1. 의 의 ································································································297
2. 양자의 관계 ······················································································298
Ⅲ. 초과보험 ································································································299
1. 초과보험의 뜻 ··················································································299
2. 초과보험의 요건 ···············································································300
3. 초과보험의 효과 ···············································································300
Ⅳ. 중복보험 ································································································302
1. 중복보험의 뜻 ··················································································302
2. 중복보험의 요건 ···············································································303
3. 중복보험의 효과 ···············································································304
4. 책임보험에서의 중복보험 ·································································306
Ⅴ. 일부보험 ································································································306
1. 일부보험의 뜻 ··················································································307
2. 일부보험의 요건 ···············································································307
3. 일부보험의 효과 ···············································································307
제8장 손해보험계약의 효과
제1절 총 설 310
제2절 손해보험증권교부의무 311
제3절 손해보상의무 312
Ⅰ. 손해보상의무(보상책임)의 발생요건 ·····················································312
1. 손해보험계약이 성립하고, 보험기간 중 보험사고의 발생 ···············313
Ⅱ. 보험자의 책임개시 ················································································315
Ⅲ. 사고발생의 통지 ····················································································316
Ⅳ. 손해보상액의 결정(산정기준) ································································316
1. 보상액의 결정 ··················································································316
2. 손해보상의 범위 ···············································································316
3. 사고발생 후의 보험목적의 멸실(연속손해)과 분손보상책임
(손해보상의 책임범위) ·····································································317
Ⅴ. 손해보상의 방법과 시기 및 장소 ·························································318
1. 보상방법 ···························································································318
2. 보상시기 ···························································································318
3. 보상장소 ···························································································318
Ⅵ. 보험금청구권의 소멸시기 ······································································319
Ⅶ. 보험자의 면책사유 ················································································319
1. 손?생보 공통된 면책사유 ·······························································319
2. 손해보험의 공통적 면책사유 ····························································319
24 차 례
Ⅷ. 보상의무 이행 후의 잔존책임 ·······························································320
Ⅸ. 손해보험채권의 처분 ·············································································320
1. 보험사고발생 후의 보험청구권의 처분 ············································320
2. 보험사고발생 전의 권리의 처분 ·······················································321
제4절 손해방지?경감의무 322
Ⅰ. 의 의 ·····································································································322
Ⅱ. 법적 성질 ······························································································323
Ⅲ. 손해방지?경감의무의 의무자 ·······························································323
Ⅳ. 손해방지행위의 내용(시기?정도?범위) ··············································323
Ⅴ. 손해방지?경감의무 위반의 효과 ·························································324
Ⅵ. 손해방지?경감비용의 상환청구(보험자의 비용상환의무) ····················325
Ⅶ. 의무면제특약과 보험자 불부담약관의 효력 ··········································327
Ⅷ. 일부보험과 손해방지비용의 인정(상환) ················································327
제9장 손해보험에서의 보험자대위
제1절 총 설 329
Ⅰ. 의 의 ·····································································································330
1. 개 념 ································································································330
2. 취 지 ································································································330
3. 적용범위 ···························································································331
Ⅱ. 근 거 ·····································································································331
1. 손해보상계약성(실손해보상의 원칙 또는 이득금지의 원칙)에서
찾는 견해 ·························································································331
2. 정책적 견지에서 찾는 견해 ·····························································332
Ⅲ. 법적 성질 ······························································································332
Ⅳ. 종 류 ·····································································································333
제2절 보험목적에 대한 보험자대위 333
Ⅰ. 의 의 ·····································································································333
Ⅱ. 요 건 ·····································································································334
1. 보험목적의 전부 멸실 ······································································334
2. 보험금의 전부 지급 ··········································································334
Ⅲ. 효 과 ·····································································································335
1. 보험자의 권리취득(권리의 당연한 이전) ··········································335
2. 일부보험 ···························································································335
3. 대위권 포기 ······················································································335
4. 권리취득시기(권리이전시기) ·····························································336
5. 보험금지급전 잔존물매각의 효과 ·····················································336
6. 보험금지급 후 잔존물매각의 효과 ···················································337
제3절 제3자에 대한 청구권대위 337
Ⅰ. 의 의 ·····································································································338
Ⅱ. 요 건 ·····································································································338
1. 제3자의 행위에 의한 손해의 발생 ···················································338
2. 제3자의 범위 ····················································································339
3. 보험금의 지급 ··················································································343
4. 제3자에 대한 피보험자의 권리가 존재 ············································343
Ⅲ. 효 과 ·····································································································344
1. 대위권 취득 ······················································································344
2. 피보험자의 권리이전시기-구상권발생시기 ········································345
3. 피보험자 등에 의한 권리처분 ··························································346
4. 대위권행사의 제한 ···········································································347
Ⅳ. 관련 문제 ······························································································350
1. 재보험자의 청구권대위 ·····································································350
2. 책임보험에서의 보험자대위와 직접청구권 ·······································350
3. 대위권의 소멸시효 ···········································································350
제10장 손해보험관계의 변경?소멸
제1절 총 설 352
제2절 보험목적의 양도 353
Ⅰ. 총 설 ·····································································································353
1. 의 의 ································································································353
2. 인정 이유 ·························································································354
Ⅱ. 보험계약관계 승계추정의 요건 ·····························································355
1. 양도 당시 유효한 보험계약이 존속하고 있을 것 ····························355
2. 보험목적이 물건일 것 ······································································355
3. 보험목적이 양도되었을 것 ·······························································355
Ⅲ. 보험목적의 양도 효과(권리의무 승계추정) ···········································356
1. 보험관계의 승계추정 ········································································356
2. 권리?의무의 승계 ···········································································357
3. 보험자에 대한 관계 ··········································································357
Ⅳ. 보험목적의 양도조항의 적용배제 ··························································359
1. 인보험 ·······························································································359
2. 전문직업인배상책임보험 ···································································359
3. 선박양도의 승낙주의 ········································································360
4. 자동차양도 ························································································360
5. 운송보험 또는 적하보험 ···································································361
제11장 각종 손해보험계약
제1절 화재보험계약 363
Ⅰ. 총 설 ·····································································································363
1. 의 의 ································································································363
2. 종 류 ································································································364
차 례 27
Ⅱ. 화재보험계약의 요소 ·············································································364
1. 보험사고 ···························································································364
2. 화재보험증권의 기재사항 ·································································365
3. 보험의 목적 ······················································································365
4. 피보험이익(보험계약의 목적) ···························································367
5. 보험가액과 보험금액 ········································································367
6. 보험기간 ···························································································368
Ⅲ. 보험자의 손해보상책임 ·········································································368
1. 위험보편의 원칙 ···············································································368
2. 상당인과관계가 있는 손해 ·······························································368
3. 소방 등 손해보상책임 ······································································369
제2절 운송보험계약 371
Ⅰ. 총 설 ·····································································································371
1. 의 의 ································································································371
2. 운송보험계약의 요소 ········································································372
Ⅱ. 운송보험계약의 효과 ·············································································374
1. 보험증권의 기재사항과 교부 ····························································374
2. 손해보상책임 ····················································································375
3. 보험자의 면책사유 ···········································································375
4. 보험계약의 변경 ···············································································376
제3절 해상보험계약 377
Ⅰ. 서 설 ·····································································································377
1. 해상보험계약의 의의 ········································································377
2. 해상보험의 역사 ···············································································384
3. 해상보험계약의 종류 ········································································384
Ⅱ. 해상보험계약의 요소 ·············································································388
1. 해상보험증권의 기재사항 ·································································388
2. 보험의 목적 ······················································································390
3. 보험사고 ···························································································391
4. 보험가액 ···························································································392
5. 보험기간 ···························································································394
Ⅲ. 해상손해와 보상액산정 및 보상책임(보험자의 손해보상의무) ·············396
1. 해상손해 ···························································································396
2. 보상액의 산정 ··················································································398
3. 보상책임 ···························································································401
4. 사정변경에 의한 보험계약의 변경?소멸(위험의 변동?소멸) ········405
Ⅳ. 예정보험계약 ·························································································408
1. 의 의 ································································································408
2. 종 류 ································································································409
3. 선박미확정의 적하예정보험 ······························································410
Ⅴ. 보험위부(다음 제4절에서 후술) ····························································411
제4절 보험위부 412
Ⅰ. 의의와 법적 성질 및 취지 ····································································412
Ⅱ. 보험위부의 성립요건 ·············································································413
1. 실질적 요건(위부의 원인 : 추정전손이 있는 경우) ·························413
2. 형식적 요건(위부의 실행) ································································415
Ⅲ. 보험위부의 효과 ····················································································417
1. 위부의 승인 ······················································································417
2. 보험자의 효과 ··················································································418
3. 피보험자에 대한 효과 ······································································419
제12장 책임보험계약
제1절 책임보험계약 421
Ⅰ. 개 설 ·····································································································421
1. 의 의 ································································································421
2. 책임보험의 종류 ···············································································421
3. 책임보험계약의 성질 ········································································422
4. 효 용 ································································································422
차 례 29
5. 삼면관계 ···························································································423
Ⅱ. 책임보험계약의 요소 ·············································································424
1. 보험목적 ···························································································424
2. 피보험이익과 보험가액인정 여부 문제 ············································425
3. 보험사고 ···························································································426
Ⅲ. 책임보험계약의 효과 ·············································································427
1. 보험자의 의무 ··················································································427
2. 피보험자의 의무 ···············································································431
3. 피해자의 보험자에 대한 직접청구권 ················································432
4. 수개의 책임보험 ···············································································437
Ⅳ. 영업책임보험 ·························································································438
Ⅴ. 보관자의 책임보험 ················································································438
제2절 재보험 441
Ⅰ. 의 의 ·····································································································442
Ⅱ. 종 류 ·····································································································442
Ⅲ. 재보험의 기능 및 법적 성질 ································································443
1. 기 능 ································································································443
2. 법적 성질 ·························································································443
Ⅳ. 당사자간의 법률관계 ·············································································443
1. 원보험자의 의무 ···············································································444
2. 재보험자의 의무 ···············································································444
Ⅴ. 원보험계약과 재보험계약의 관계(독립성) ·············································444
제13장 자동차보험계약과 보증보험계약
제1절 자동차보험계약 446
Ⅰ. 자동차보험계약의 의의 ·········································································447
Ⅱ. 자동차보험계약의 종류와 법적 성질 ····················································447
1. 종류(손해배상책임보험, 물건보험 및 인보험) ··································447
2. 법적 성질(손해보험과 정액보험) ······················································448
Ⅲ. 자동차보험증권 ······················································································449
Ⅳ. 자동차의 양도 ·······················································································449
제2절 보증보험계약 450
Ⅰ. 보증보험계약의 의의 ·············································································451
Ⅱ. 보증보험계약의 구조와 법적 성질 ························································451
1. 구조와 법적 성질 ·············································································451
2. 신용보험과 구별 ···············································································451
Ⅲ. 보험사고 ································································································452
Ⅳ. 적용제외 ································································································452
Ⅴ. 민법규정 준용 ·······················································································453
제3편 인보험
제14장 인보험계약
제1절 인보험계약 통칙 457
Ⅰ. 인보험계약의 의의 ················································································457
Ⅱ. 인보험의 종류 ·······················································································457
1. 보험사고에 따른 분류 ······································································457
2. 피보험자의 수에 따른 분류 ·····························································458
3. 보험금 지급방법에 따른 분류 ··························································460
4. 보험금 산출방법에 따른 분류 ··························································461
5. 위험(사망)보장 여부에 따른 분류 ····················································461
6. 신체검사의 유무에 따른 분류 ··························································461
7. 이익배당 여부에 따른 분류 ·····························································461
8. 피보험자의 표준체 여부에 따른 분류 ··············································461
Ⅲ. 인보험계약의 요소 ················································································462
1. 인보험증권의 기재사항 ·····································································462
2. 보험의 목적 ······················································································462
3. 보험사고 ···························································································462
4. 피보험이익의 부정 ···········································································463
5. 보험기간의 장기 ···············································································464
6. 보험자대위의 금지 ···········································································464
7. 손해방지의무의 부존재 ·····································································465
8. 피보험자의 자격과 제한 ···································································465
9. 보험급여 ···························································································466
10. 청약철회의 인정 ···············································································466
11. 가계보험?기업보험?저축성보험 ·····················································466
Ⅳ. 인보험에서의 보험자의 의무 ·································································466
1. 보험금지급의무 ·················································································466
2. 고의 또는 중과실 사고담보 여부 ·····················································467
3. 보험료적립금(또는 미경과보험료)반환의무 ······································467
제2절 생명보험계약 469
Ⅰ. 생명보험계약의 의의 ·············································································469
Ⅱ. 생명보험계약의 이해관계자 ··································································469
Ⅲ. 자기의 생명보험계약과 타인의 생명보험계약 ·······································470
Ⅳ. 자기를 위한 생명보험계약과 타인을 위한 생명보험계약 ·····················470
Ⅴ. 보험수익자의 지정?변경 ······································································470
1. 보험계약자의 보험수익자의 지정?변경권 ·······································471
2. 보험계약자가 사망한 경우 ·······························································471
3. 보험수익자가 사망한 경우 ·······························································472
4. 피보험자가 사망한 경우 ···································································472
5. 보험계약자의 지정?변경의 통지 ·····················································473
6. 피보험자의 서면 동의 ······································································474
제3절 타인의 생명보험계약 475
Ⅰ. 의 의 ·····································································································475
Ⅱ. 타인의 사망보험의 제한 ········································································476
1. 피보험이익주의 ·················································································476
2. 동의주의 ···························································································477
Ⅲ. 피보험자의 동의 ····················································································477
1. 동의를 요하는 경우 ··········································································477
2. 동의의 성질 ······················································································478
3. 동의의 시기와 방식 ··········································································479
4. 동의의 철회 ······················································································480
5. 단체보험의 특칙 ···············································································480
6. 동의무능력자의 동의 ········································································481
제4절 상해보험계약 482
Ⅰ. 총 설 ·····································································································482
1. 의 의 ································································································482
2. 상해보험계약의 성질 ········································································482
3. 상해보험의 유형 ···············································································483
4. 상해보험과 질병보험 ········································································483
5. 상해보험계약의 보험사고 ·································································483
6. 신체에 상해?사망발생 ····································································485
7. 음주?무면허운전 등 면책조항의 유효성 여부 ································486
Ⅱ. 상해보험증권의 기재사항 ······································································486
Ⅲ. 준용규정 ································································································486
1. 타인의 상해보험에서 타인의 동의 ···················································486
2. 보험수익자의 지정?변경권 ·····························································487
제5절 질병보험계약 488
상법(보험계약법) ························································································ 489
참고단행본/참고기관 ················································································503
찾아보기 ······································································································ 507
