船主責任相互保險의 法的 性質

Title
船主責任相互保險의 法的 性質
Authors
박영준
Keywords
법학연구, 선주, 상호보험
Issue Date
2003
Series/Report no.
법학연구제6집213-240 pp.
Abstract
Although air transport is faster, carriage of goods by sea
is still the major means of transport in international trade.
However, there are many potential risks so shipowners and
shippers want to cover their risks through marine
insurances.
P&I(Protection and Indemnity) insurance covers a
shipowner's third party liabilities which arise in connection
with the operation of the ships. This insurance is one of
the major marine insurances along with Hull & Machinery
insurance and Cargo insurance. But P&I insurance has
different characteristics from the others.
In this dissertation, I deal with the distinctive legal nature
of P&I insurance in comparison with other marine
insurance at the five point of views.
The first(in the second chapter), although their insurer is
normally called "clud" , P&I insurance is a kind of
insurance, not a kind of mutual aid.
The second(in the third chapter), other marine insurances
are normally commercial insurances, but P&I insurance is a
mutual insurance so it operates on a non-profit basis.
The third (in the forth chapter), while both Hull &
Machinery insurance and Cargo insurance are property
insurances, P&I insurance is a liability insurance, Especially,
in England, there is an opinion that P&I insurance is an
indemnity insurance, not a liability insurance. In the Korean
legal system, however, it is practically impossible to
distinguish indemnity insurance from liability insurance
becuase Korean laws generally admit to third party claims
against liability insurers. Thus, in a Civil Law system like
Korea, P&I insurance should be regarded as a liability
insurance, not as an indemnity insurance.
The forty(in the fifth chapter), P&I insurance is a kind of
marine insurance, so it covers the risks arise in connection
with the operation of the ships.
The fifth (in the sixth chapter), P&I insurance is a
optional insurance, not a compulsoty insurance.
In Korea, National P&I club (Korean P&I club) was
established in January 2000. So I think, more study about
this unique insurance is required at this time.
URI
http://dspace.inha.ac.kr/handle/10505/615
Appears in Collections:
연구기관 > 법학연구소 > 법학연구(法學硏究)
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