해상보험계약상 담보특약(Warranty)의 실무적 적용에 관한 연구

A Practical Application of Warranty under A Marine Insurance Contract

If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to be discharges automatically from further liability from the date of breach. In addition, the requirements on the warranty must be determined in accordance with the rule of strict construction. Recently, the English Law Commission recommended to reform the provisions of the warranty of the Marine Insurance Act(MIA). This Law Commission sets out to present three main proposals to reform the law on warranties: (1) To abolish basis of the contract clauses. (2) To treat warranties as suspensive conditions, and (3) To introduce special rules for terms designed to reduce the risk of a particular type of loss, or the risk of loss at a particular time or in a particular location. The purpose of this study aims to analyse the implication of practical application through the warranty of marine insurance contract based on the MIA and to find its legal application to the Korean Marine Insurance Law(KMIL). As a result of this study, it suggests to revise the discharge provisions of insurerʾs liability of the KMIL to accept the warranty provisions of the MIA and several points of view of the English Law Commission No.204(2012).