保險目的의 讓渡와 通知義務

초록

Present Korean Commercial Code Article(K.C.C. §679) defines on the Assignment the Subject-Matter of Insurance as follows : ① when the insured has assigned the Subject-Matter of Insurance he shall be presumed to have assigned the rights and obligations arising from the contract of insurance ② in this instance, the assignor or assignee of subject-matter must notice the insurer the assignment of subject-matter of insurance. This study is designed to estimate and to interpret the Revised Bill of K.C.C. §679. Then, I regard the Revised Bill of K.C.C. §679 as insufficient. It newly stipulates that when he assigns the subject-matter of insurance, simultaneously the assignor’s rights and obligations are transferred to the assignee. And it newly stipulates the assignor’s or assignee’s obligation to give notice of the fact that they assigned the subject-matter of insurance to that insurer. But is still leaves these problems as follows: First, in case that the assignor or assignee does not notify the subject-matter of insurance to insurer, the breach of obligation should have been stipulated more clearly. Second, the article of premium should have been stipulated. Third, there must be more clear stipulation when the assignor does not know the insurance of the subject-matter.

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