MIA(1906)의 계속적인 최대선의 의무

Continuing Duty of Utmost Good Faith in MIA(1906)

In the 25th of April, 2008, the Korea legislature gave advance notice on the Revision Bill of Commercial Law in Insurance Division in partial, one of which is the principle of utmost good faith to be codified in accordance with the effect of the Revision Bill Enforcement. For this, it is, at first, required to understand the principle of "uberrimae fidei" in the Marine Insurance Act 1906, which generally means "utmost good faith, namely, perfect candour and honesty. In the general rule of English contract law, there is no positive duty upon negotiating parties to disclose material facts. However, contracts of insurance is one of the most important exceptional cases of contracts of the utmost good faith and section 17 of the Marine Insurance Act 1906 so declares. The objective of this work is to find the solutions given by the Courts and the Marine Insurance Act 1906 to the problems such as the continuing duty and the duty of disclosure, etc., which have arisen in Section 17 of the Marine Insurance Act 1906.