영국ㆍ미국ㆍ일본선박보험약관의 비교연구 - 오염손해, 보험사고 발생의 통지의무, 신구교환차익 및 중복보험에 관한 규정을 중심으로 -

A Comparative Study on the Institute Time Clauses-Hulls 1995, American Institute Hulls Clauses 1977 and Japanese Hull Standard Clauses, 1990

Generally hull insurance is undertaken by means of a contract of hull insurance. A contract of hull insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel caused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses Hulls (hereunder refer to as "English hull insurance clauses") made by the Institute of London Underwriters is much used as the standard form or basic form by many countries all over the world. Now Korean insurance companies have not made out their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problems related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses (hereunder refer to as "American hull insurance clauses" as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also using its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by Japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses 1990, but also to supply with some legal materials necessary for Korea to establish and perform our own hull insurance clauses.