2018 보험계약법 요약 및 기출문제집

제1장 총 론
제1절 보험용어 해설
Ⅰ. 보험의 개념 ·················································· 3
1. 보험계약의 관점 ············································ 3
2. 경제학적 관점 ··············································· 3
Ⅱ. 보험의 분류 ················································· 4
Ⅲ. 보험계약 당사자 및 이해관계자 ··············· 4
1. 보험계약자, 보험수익자 ································· 4
2. 피보험자 ························································ 5
Ⅳ. 피보험이익과 보험가액 ································ 7
1. 피보험이익 ···················································· 7
2. 보험가액 ························································ 8
Ⅴ. 보험사고 ························································ 9
Ⅵ. 보험기간 ······················································ 12
Ⅶ. 집합보험 ······················································ 12
1. 의의 ···························································· 12
2. 포괄보험 ······················································ 12
3. 집합보험과 고지의무위반, 보험금청구권 상실 12
4. 집합보험에서 보험 목적의 일부양도 ··········· 13
Ⅷ. 보험대리점?보험설계사?보험중개사의
법적 지위 ···················································· 14
1. 의의 ···························································· 14
2. 보험대리점의 권한 ······································ 14
3. 보험설계사의 권한 ······································ 15
4. 보험중개사의 권한 ······································ 15
제2절 보험계약 및 보험계약법의 특징
Ⅰ. 보험계약의 특징 ········································· 19
1. 보험계약의 일반적 성격 ······························ 19
2. 보험계약의 특유의 성격 ······························ 19
Ⅱ. 보험계약자평등대우의 원칙 ······················ 21
Ⅲ. 보험계약법과 보험업법의 차이 ·············· 22
Contents
제2장 보험계약 총론
제1절 보험계약의 성립
Ⅰ. 계약의 설립 ················································ 25
Ⅱ. 승낙전 보호제도 ········································· 26
1. 요건 ···························································· 26
2. 거절할 사유의 입증책임 ···························· 26
Ⅲ. 소급보험 ······················································ 31
제2절 타인을 위한 보험계약
1. 의의 ···························································· 32
2. 유형 ···························································· 32
3. 피보험자를 불분명할 경우 피보험자 확정 · 33
4. 타인을 위한 보험계약의 성립 및 타인의 지정
여부 ···························································· 34
5. 의무와 권리 ················································ 35
제3절 보험증권
1. 의의 ···························································· 38
2. 보험증권 교부의무 ····································· 38
3. 보험증권의 성질 ·········································· 39
4. 보험증권 기재사항 ······································ 42
제4절 보통보험약관에 대한 통제
Ⅰ. 보험계약자불이익변경금지원칙 ················ 44
1. 의의 ···························································· 44
2. 효력 ··························································· 44
3. 예외 ···························································· 45
Ⅱ. 약관에 대한 해석원칙 ······························· 49
1. 약관해석원칙의 필요성 ································ 49
2. 적용대상 ······················································ 49
3. 개별약정 우선해석의 원칙(수기우선의 원칙,
보험증권 우선해석의 원칙) ························· 49
4. 객관적해석의 원칙과 통일적용의 원칙 ········ 49
5. 작성자불이익해석의 원칙 ···························· 49
Ⅲ. 보험약관의 구속력 ····································· 52
1. 의의 ··························································· 52
2. 규범설 ························································· 52
3. 의사설 ························································· 52
4. 약관의 교부 설명의무(제1통제: 편입통제) ·· 54
제5절 보험료
Ⅰ. 개괄 ····························································· 61
1. 보험료 ························································· 61
2. 보험료납입 채무 ·········································· 61
3. 최초보험료 ················································ 61
4. 계속보험료 부지급의 효과 ························· 62
Ⅱ. 어음, 수표를 이용한 최초보험료 납입과
담보책임 ······················································ 67
Ⅲ. 보험료 반환 ················································ 69
1. 무효 ···························································· 69
2. 보험료적립금 반환 ······································ 69
3. 미경과보험료 반환 ······································ 69
Ⅳ. 보험계약의 부활 ········································· 70
1. 의의 ···························································· 70
2. 부활계약의 성질 ·········································· 71
3. 고지의무 ······················································ 71
4. 실효기간과 보험자의 보상책임 ···················· 71
Ⅴ. 보험금청구권의 소멸시효 ·························· 73
1. 보험금청구권 소멸시효 ································ 73
제6절 고지의무
Ⅰ. 고지의무에서 고지의무와 수령권자 ······· 75
1. 고지의무의 의의 ·········································· 75
2. 고지의무자와 고지수령권자 ························· 75
3. 타인을 위한 손해보험에서 타인(피보험자)의
고지의무 ······················································ 76
4. 고지의무법적 성질 ······································ 77
Ⅱ. 고지의무위반의 요건과 효과 ·················· 78
1. 고지의무위반의 판단 시점 ·························· 78
2. 고지의무위반의 요건 ··································· 78
3. 해권권 ························································· 81
4. 해지의 효과 ··············································· 81
5. 해지권 제척사유 ·········································· 83
Ⅲ. 사기, 착오에 의한 고지의무위반 ··········· 84
제7절 통지의무
Ⅰ. 고지의무, 위험유지의무, 위험증가통지의무
비교 ····························································· 88
Ⅱ. 위험증가 통지의무이행과 통지의무위반의
효과 ····························································· 89
1. 상법 내용 ···················································· 89
2. 직업변경 통지의무위반 ······························ 89
3. 보험대리점이 개축 공사장 방문의 효과 ···· 92
Ⅲ. 통지의무 유형별 비교 ······························· 93
제8절 보험금 지급의무와 면책사유
Ⅰ. 보험금 지급의무 ······································· 94
Ⅱ. 면책조항 ······················································ 96
1. 고의 면책조항 ············································· 96
2. 중과실 면책조항 ·········································· 97
3. 대표자 책임이론 ·········································· 97
5. 기타 면책사유 ··········································· 102
Ⅲ. 보험금청구권 상실 ·································· 103
Ⅸ. 인보험에서 면책사유 ·································· 104
1. 상법조문 ··················································· 104
2. 상해보험에서 음주, 무면허운전 면책사유의
유효성 문제 ·············································· 104
3. 자살면책조항의 예외 ································· 105
3. 상해보험에서 의료사고 면책 ····················· 105
4. 고도위험 면책사유 ···································· 109
4. 기여도 감액 ·············································· 110
Ⅴ. 보험금 청구권 소멸시효 ······························· 110
1. 의의 ························································ 110
2. 소멸시효 완성 기간 ·································· 110
3. 소멸시효의 기산점 ···································· 110
4. 소멸시효 중단사유 ···································· 111
제3장 손해보험
제1절 피보험이익
1. 의의 ·························································· 115
2. 피보험이익의 요건 ···································· 115
3. 보험종류별 피보험이익과 보험가액의 비교 115
제2절 보험가액
1. 의의 ·························································· 117
2. 보험가액의 기능 ········································ 117
3. 보험가액 평가 기준 ·································· 117
4. 보험가액 평가 시기 ·································· 117
Ⅰ. 일부보험 ··················································· 121
1. 일부보험. 초과조험. 중복보험 판단 시점 ·· 121
2. 일부보험 보상방법 ···································· 121
3. 손해방지비용 ··········································· 122
4. 비례보상의 원칙/일부보험/분손 ··············· 122
5. 전부보험에서 분손(分損) ·························· 122
6. 다음 산식에 맞는 것은 ····························· 122
Ⅱ. 초과보험 ··················································· 125
1. 의의 ·························································· 125
2. 판단 ························································ 125
3. 효과(주관주의) ·········································· 125
Ⅲ. 중복보험 ··················································· 127
1. 의의 ·························································· 127
2. 중복보험의 요건 ········································ 127
3. 중복보험의 효과 ······································ 127
4. 타보험계약 통지의무 - 불완전법규이다. ··· 130
5. 초과 전보조항 ········································· 132
제3절 무효 및 실효
Ⅰ. 보험계약의 무효 ······································ 134
1. 인보험, 손해보험 공통 무효사항 ··············· 134
2. 인보험에서 무효 사고 ····························· 134
3. 손해보험의 무효 사항 ······························· 134
Ⅱ. 실효 ··························································· 135
1. 해지에 의한 실효 ···································· 135
2. 보험계약의 당연실효 ································· 135
제4절 보험목적의 양도
1. 보험목적의 양도 ······································ 138
2. 보험목적 양도 조항 적용 여부 ················· 139
3. 양도 통지의무 ··········································· 140
4. 양도 통지의무와 지명채권 양도 통지의무의
비교 ·························································· 140
5. 자동차보험 양도조항 ································· 142
6. 자동차보험에서 일시담보특약 ··················· 144
제5절 손해방지의무와 비용
1. 손해방지의무 ············································· 146
2. 손해방지비용과 방어비용의 차이 ·············· 146
제6절 보험자대위
Ⅰ. 총설 ··························································· 149
1. 보험자 대위 ············································· 149
2. 보험자대위의 목적 ···································· 149
Ⅱ. 잔존물대위 ·············································· 150
1. 요건 ·························································· 150
2. 잔존물대위 시점 ········································ 150
3. 효과 ························································ 151
4. 일부보험에서 잔존물대위 금액 ················· 151
5. 잔존물대위 포기 ······································ 151
Ⅲ. 청구권 대위 ············································ 152
1. 대위금액 ··················································· 152
2. 청구권 대위의 발생 요건 ·························· 152
3. 청구권 대위에서 제3자에 포함되지
않는 자 ····················································· 153
4. 타인을 위한 보험에서 보험계약자가 타인에
해당되는지 여부 ········································ 155
5. 대위한 권리의 유형과 소멸시효 ················ 157
6. 피보험자의 처분행위의 효력 ····················· 157
7. 보험금 지급 후 제3자가 피보험자에게
배상한 경우 ·············································· 157
제7절 책임보험
1. 개론 ·························································· 162
2. 책임보험의 이분법 ···································· 163
3. 책임보험의 3면관계 - 이분법과 상반된
견해 ························································ 164
4. 책임보험 특유의 통지의무 ························ 164
5. 담보하는 손해 ········································· 164
6. 비용의 담보 ·············································· 166
7. 직접청구권 ················································ 169
제8절 재보험
1. 의의 ························································ 171
2. 재보험과 공동보험의 차이 ······················ 171
3. 재보험계약의 독립성 ································· 171
4. 운명추정조항 ··········································· 172
제9절 보증보험
1. 보증보험의 의의 ········································ 174
2. 채무불이행의 담보 ·································· 174
3. 보증보험의 특징 ········································ 174
4. 보증보험의 구상권 ···································· 174
제10절 화재보험
1. 화재보험에서 담보위험 ····························· 178
2. 화재의 정의 ············································· 178
3. 화재보험에서 담보손해 ···························· 179
제11절 운송보험
1. 대상 ·························································· 182
2. 보험사고, 보험기간, 보험가액 ··················· 182
3. 보상책임에 대한 특징 ······························· 182
제12절 해상보험
Ⅰ. 총설 ··························································· 185
1. 의의 ·························································· 185
2. 해상사고의 특징 ········································ 185
3. 해상보험 약관 변경 ································· 186
4. 해상보험의 기재사항 ································· 187
5. 보험가액 ··················································· 187
6. 해상보험의 종류 ········································ 187
7. 선박미확정예정보험 ··································· 188
6. 보험기간 ··················································· 189
7. 보상책임 ··················································· 191
8. 감항능력불비 ············································· 193
9. 담보위반 ··················································· 194
10. 면책사유 ················································· 196
11. 보험위부(해상보험에서만 존재) ·············· 197
제4장 인보험
1. 인보험 개론 ·············································· 205
2. 사망보험 ··················································· 208
3. 타인의 사망보험 ········································ 210
4. 보험수익자의 지정변경권 ·························· 213
5. 상해보험 ··················································· 219
5. 단체보험 ··················································· 222