일본의 新保險法의 제정 = New Insurance Law of Japan

다국어 초록 (Multilingual Abstract)

On February24 2008, after deliberations of more than one year, a legislative subcommittee on insurance laws under the Ministry of Justice made public uts draft in relation to revising the insurance laws. and on May30 2008, this draft was enacted in the Diet.
The new insurance Law sets out some important changes to the current to the past insurance rules. For example, The new insurance Law states will apply not only to policies issued by insurance stock companies as prescribed in the current Commercial Code but also to policies of mutual insurance associations. Also, with respect to the duty to disclose material information at the time of applications, The new insurance Law states that such duty will arise when an issuer makes any inquiry to an applicant, under the past rules, disclosures must be made regardless of whether an inquiry is made by the insurer. this revision to the disclosure duty is in response to consumer criticism that the present scope of the duty is unclear, as some consumer have failed to fully disclosure material information and have later been unfairly denied coverage.
Further more, The new insurance Law proposes new rules regarding termination of insurance contracts. An insurer will be able to termination an insurance contract if the policy holder self-inflicts or attempts to self-inflicts damage covered under the policy for the purpose of obtaining insurance proceeds.
The new insurance Law also contains some additional changes for specific types of insurance contracts. For instance, with regard to accident insurance, it states that a victim who has sustained damages due to another is to be granted a special lien against the insured, and allowed to recover damages on a preferential basis to other creditors. Also, in connection with life insurance, The new insurance Law provides that insured person can change the beneficiaries of the insurance policy in their will or other testamentary declarations. However, such changes may not be asserted against an insurer unless notice is made to the insurer after the declaration takes effect. Furthermore, with respect to life insurance and fixed premium accident and health insurance, The new insurance Law introduces new rules for insurance contracts where the policy holder is not the person insured and where consent of the person insured is required for the policy to be effective

다국어 초록 (Multilingual Abstract)

On February24 2008, after deliberations of more than one year, a legislative subcommittee on insurance laws under the Ministry of Justice made public uts draft in relation to revising the insurance laws. and on May30 2008, this draft was enacted in the Diet.
The new insurance Law sets out some important changes to the current to the past insurance rules. For example, The new insurance Law states will apply not only to policies issued by insurance stock companies as prescribed in the current Commercial Code but also to policies of mutual insurance associations. Also, with respect to the duty to disclose material information at the time of applications, The new insurance Law states that such duty will arise when an issuer makes any inquiry to an applicant, under the past rules, disclosures must be made regardless of whether an inquiry is made by the insurer. this revision to the disclosure duty is in response to consumer criticism that the present scope of the duty is unclear, as some consumer have failed to fully disclosure material information and have later been unfairly denied coverage.
Further more, The new insurance Law proposes new rules regarding termination of insurance contracts. An insurer will be able to termination an insurance contract if the policy holder self-inflicts or attempts to self-inflicts damage covered under the policy for the purpose of obtaining insurance proceeds.
The new insurance Law also contains some additional changes for specific types of insurance contracts. For instance, with regard to accident insurance, it states that a victim who has sustained damages due to another is to be granted a special lien against the insured, and allowed to recover damages on a preferential basis to other creditors. Also, in connection with life insurance, The new insurance Law provides that insured person can change the beneficiaries of the insurance policy in their will or other testamentary declarations. However, such changes may not be asserted against an insurer unless notice is made to the insurer after the declaration takes effect. Furthermore, with respect to life insurance and fixed premium accident and health insurance, The new insurance Law introduces new rules for insurance contracts where the policy holder is not the person insured and where consent of the person insured is required for the policy to be effective

참고문헌 (Reference)

1 "第169回??衆議院法務委員?議?, 第8?,（"

2 "第169回??衆議院法務委員?議?, 第11?,（"

3 "第169回???議院法務委員?議?, 第13?"

4 本間照光, "私の視点「??生命保??社受け取り、法で禁止を" 2008

5 井上?子, "生損保業界における保?金不?問題" ?議院事務局 274 : 2007

6 竹濱修, "生命保?契約および障害疾病保?契約特有の事項" 有斐閣 (1364) : 2008

7 倉澤康一郞, "現行保?業法の問題点" 日本保??? 492 : 1981

8 田?康平, "新版現代保?法" 文眞堂 1995

9 萩本修, "新しい保?法の?要" 社?法人商事法務?究? (1839) : 2008

10 山下友信, "新しい保?法??論的事項および若干の共通事項" 有斐閣 (1364) : 2008

11 野村修也, "損害保契約?特有の事項" 有斐閣 (1364) : 2008

12 加藤由孝, "保?金不?い問題に?する一考察" 名城大???????? 8 (8): 2008

13 萩本修, "保?法の制定に至る?緯と?要" 61 (61): 2008

14 山下友信, "保?法" 有斐閣 2005

15 州崎博史, "保?契約の成立および終了" 有斐閣 (1364) : 2008

16 菱沼誠一, ""保?法及び同法整備法の成立", ?議院Homepage;"