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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국무역상무학회 무역상무연구 무역상무연구 제44권
발행연도
2009.12
수록면
111 - 180 (70page)

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According to English law, in a voyage policy there is an implied warrantythat at the commencement of the voyage the ship shall be seaworthy for thepurpose of the particular adventure to be insured. However, Unites States lawaffords the implied warranty of seaworthiness a great deal of latitude. In thecase of voyage policies, it has been traditionally held that the assured is boundnot only to have his vessel seaworthy at the commencement of the voyage butalso to keep her so, insofar as this can be achieved by himself and his agents,throughout the voyage. Additionally, a defect in seaworthiness, arising afterthe commencement of the risk, and permitted to continue from bad faith orwant of ordinary prudence or diligence on the part of the insured or hisagents, discharges the insurer from liability for any loss consequent to suchbad faith, or want of prudence or diligence; but does not affect the insurancecontract in reference to any other risk or loss covered by the policy, andwhich is not caused or exacerbated by the aforementioned defect.One of the most important areas of difference in the marine insurancecontract between the U.K. and U..S. is the breach of warranty. Prior to theWilburn Boat case, the MIA was thought to hold that the effect of a breachof warranty was similar under American law -in that under the generalmaritime law literal compliance with all promissory warranties is required. Inthis case, the Court concluded that state law should apply to a marineinsurance policy, and found that there was no federal rule addressing theconsequences of a breach of warranty in marine polices. However, it is of theutmost importance that this case brought to a close the imperativeconcordance between English and American law. Meanwhile, in relation tomarine insurance contracts in Korea, this insurance is subject to English lawand practice;, additionally, the international trade volume between Korea andthe United States has assumed a vast scale. Therefore, we believe it isimportant to understand the differences in marine insurance law between thetwo countries in terms of marine insurance contracts, and most specifically warranties.

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