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학술저널

한국 상법 개정법률안(보험편)과 중국 보험법상 보험계약의 비교

A Comparative Analysis of Korean Insurance Contract Law Amendment and Chinese Insurance Contract Law

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The people’s republic of China revised its insurance law in order to adjust to the new environment. China enacted the insurance law in 1995 and revised it twice. The first amendment of Chinese insurance law in 2002 was designed to cope with international standards by joining the WTO, and the second amendment one in 2009 was designed to set up a new normative system as chinese financial-industry had been developed. The Korean insurance law has been in force without being updated since the main contents of the Korean insurance law were revised in 1991. The Korean commercial law amendment which was submitted by government has been pending in the Legislation and Judiciary Committee. It has been pending, and it is prospected that it will be enforced in reference to the example of the Chinese revised insurance law. This paper compares the Chinese insurance law in 2009 with the Korean commercial law amendment in terms of the general principles and contents, the property insurance system, and the human body insurance system.

Abstract

Ⅰ. 논의배경

Ⅱ. 보험법체계의 편제

Ⅲ. 보험계약법

Ⅳ. 재산보험계약

Ⅴ. 인보험계약

Ⅵ. 보험계약법상의 판례와 최고인민법원의 사법해석

Ⅶ. 종합

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