해상보험계약에서 인과관계 이론과 손해 배상책임의 문제점에 관한 고찰
2008
A contract of marine insurance is a contract whereby the insurer undertakes to indemnify property loss of the insured caused by insured event. It is evident that a contract of marine insurance is a contract of indemnity. Some fundamental problems on essence of marine insurance contract is rising as practical problems. The reason is because some system of marine insurance is not directly applied in certain circumstances. Before proceeding to consider the insurer’s liability, it is necessary for a clear understanding the contracts. This theory is expressed in the well-known causation. In the case that an insurer covers indemnity, there is a need for a definite causation between the perils covered and the loss. The reason why the theory of causation in marine insurance contract is important to find out the real cause for the loss in determining the marine insurer’s liability when the perils insured against and excepted risks are concurrently or consecutively related to the loss. The purpose of this study is to analyze problems of the theory of causation and the indemnity in related to the marine insurance contract.
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