해상보험의 손해보상계약으로서 피보험이익과 국제물품매매계약의 이행에 관한 연구

Abstract

Purpose This study is to analyze the transfer of ownership of trading objects in trade contracts to find out the existence of title profit as the insurable interest of the seller in marine insurance. Design/Methodology/Approach This paper reviews through the analysis of judicial precedents on the transfer of ownership of goods under the terms of trade and insurance under the 1906 British Marine Insurance Act. Findings Marine insurance is a contract whereby the insurer to indemnify the assured. The Insurable Interest defined as a contract of Indemnity is sufficient if the subject-matter insured has only an economic interest in the relationship between the subject-matter insured and the insured. In order for the insured to claim the claim amount, the insurer must have an interest at least at the time of the loss, but retroactive insurance and when policy is assignable. An exception to when interest must attach is allowed. As sea cargo transportation is for a single transport, the insurable interest on the title profit is held by the seller until the delivery of the seller’s transport documents and the buyer paying the price. The insurable interest on title profit in combined transportation including air transport remains with the seller until the buyer’s payment has been fulfilled. Research Implications Transfer of ownership of trade objects in terms of trading conditions by combined transport including air transport and sea transport, was considered. This was clarified about the existence of insurable interest as ownership interest in insurance cargo contracts.