프랑스 損害保險契約法上의 故意免責原則

The Exemption of Indemnity of a Wilful Act in French Insurance Law

French insurance law draws a distinction between the intention (faute intentionelle) to commit a wilful act and the intention (malevolence) deliberately to harm a person. The concept of “wilful act” has a slightly different shade of meaning from that of intention. As such, a wilful act generally exempts the insurer from liability. However, a wilful act is excused where it is committed by the person for whom he is responsible and furthermore the insurer is prevented from bringing an action of subrogation except the intention of harm the assured. In the case a wilful act, the question of what is the grounds the exemption of indemnity to declare of the concept of intention arises. On the grounds of moral sense, to preclude the assured from recovering, the insurer must prove that it was committed by the insured with the intention of receiving the benefit. However, since mere intention to commit a wilful act is sufficient to breach of the contingency, it is simply identified to declare the concept of the wilful act as a mere intention to commit wilful act. To make a definite decision, the intention may be defined as a mere intention to commit wilful act on the grounds of the contingency. It seems to be logical to interpret the action of subrogation on the grounds of moral except a wilful act. If the intention is defined as a mere intention to commit wilful act, the insurer is not liable for more cases. it is necessarily required the system for the third party to relieved them. it is a material element to be taken into consideration when we adopt it into our system. It is the merit of the interpretation that the grounds of the exemption is not good faith(or moral) but contingency which needs to be introduced into our law system as that of french does.