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Study on the trends of the supreme court cases regarding the disclosure duty

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2013, 1(1), pp.133-154
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Lee, Kyung-Min 1

1한려대학교

ABSTRACT

Insurance contract is a contract of utmost good faith. A risk situation cannot be grasped correctly only with insurer's investigation into risk, which is under the control of party insuring. Thus, only when obtaining cooperation of party insuring who is dominating its risk, the insurer can grasp correctly on the risk. The insuring parties are obliged to disclose material fact which they know about the risk to each other before the contract is concluded. If the insurer breaches the duty of disclosure, the insured can terminate the contract withen the period of exclusion. The Insurance contract law in commercial code is giving insuring parties a duty of disclosing true information on risk. In insurance contract law the duty of disclosure plays very important role. Many of conflicts are arising from the duty of disclosure. This study concentrates on analysing and reviewing the korean supreme court cases regarding the disclosure duty, in particular material fact, material fact, non-disclosure and causal relationship.

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