타인의 생명보험계약에서 피보험자의 동의 철회에 관한 소고 - 상법 제731조를 중심으로 -
A study on the withdrawal of the consent insured person by life insurance of the third person
The in 1991 revised Commercial Code clearly stipulated that a contract of insurance which covers the death of a third party as a insured person against shall be required 'the 'written consent of the insured person at the time of conclusion of the insurance contract'. but it can not find about the provisions whether the insured person can withdrawal his consent or not. For this reason there has been a lot of controversy. In this regard, insurance policy based on the 'Life Insurance Standard Terms' provides that the insured person was always able to withdrawal his consent. On the other hand the Supreme Court had ruled that the right of the insured to withdrawal of his consent about the contract as the insured under certain conditions: namely under the condition 'significant change on the based circumstances'. The contents of insurance policy about the withdrawal of consent of the insured person is disadvantageous to the policyholders. And the judgment of the Supreme Court is significant in the meaning that it has provide the way of resolving this problem, but it is at the same time throwing another fundamental question. That is, it is about the subject who can evaluate the adequacy and how to be able to lay down the criteria. For the protection of legal stability for the legislation, namely for the insured as well as insured or beneficiary, is urgently needed to legislate with respect to withdrawal of consent of the insured. In this article it argues interpretation and legislation as follows: The insured can withdrawal his consent under the reason: 'divorce, release of the adoption relationship, retirement or dismissal oder any other significant change on the based circumstances. On the other hand the insurer and the insurance contractor about this have the opportunity to reject of withdrawal of the insured, if there's no reason about the withdrawal of consents. Without the effective disproof is the contract of insurance shall take effect when the insured person noticed the insurer.
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