중국의 해상보험계약상 고지의무에 관한 연구

A study on the Duty of Disclosure on Chinese Marine Insurance Contract

The marine insurance law has experienced important changes in many countries worldwide. The issue concerning the duty of disclosure in the marine insurance contract holds an important position all the changes. A contract of marine insurance is a contract based upon the utmost good faith. In Korean Commercial Law, MIA(1906), the Chinese Insurance Law and the Maritime Law, the duty of disclosure is legal code based upon the utmost good faith. However, there are contradictions between the Chinese Insurance Law and the Marine Law on the duty of disclosure. In the case of the Chinese Insurance Law, it has adopted the limited duty of disclosure. However, the Chinese Maritime Law has adopted the infinite duty of disclosure on it. The main purpose of this study is to suggest revised directions on the duty of disclosure of the Chinese Maritime Law. In order to do, this paper compares and analyzes the difference in the duty of disclosure code among the Chinese Insurance Law, the Maritime Law, Korea Commercial Law and MIA(1906). Through analysis, the contradictions between Chinese Insurance Law and the Maritime Law on the duty of disclosure are studied.