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Subject

The Legal Characteristics of Export Financing Facility and Insurer's Responsibility
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단기수출보험(EFF)의 법적 성질 및 보험자의 책임

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Type
Academic journal
Author
Gyung-Young Jung (성균관대학교)
Journal
Korea Financial Law Association 금융법연구 금융법연구 제14권 제3호 KCI Accredited Journals
Published
2017.1
Pages
203 - 233 (31page)

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The Legal Characteristics of Export Financing Facility and Insurer's Responsibility
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Exporter finds some difficulties in developing a new market due to the absence of knowledge on the credibility of importer. Almost every countries exert to boost the export by means of export finance to exporter such as export financing facility (EFF), which is the main subject of this paper, to solve the uncertainty of payment of export claim. The Moneual case was a typical one that shows an export insurance should be interpreted according to the insurance norm and financial institutions should overview the credibility of assignor (exporter) to get assigned the export claim from the exporter. This paper examined the responsibility of EFF insurer in case that the assigned export claim was based on fraud of exporter. The legal nature of EFF is categorized into the credit insurance that is an insurance for the policy holder and different from the guaranty insurance that is an insurance for whom it may be concerned. As for the policy of EFF contract, every article including the concept (§1), the object (§2) etc. premises the existence of the export claim so that the insurance without the export claim can not be valid and insurer is free from the responsibility to pay the proceeds to policy holders (financial institutions). According to the insurance theory, the insurance contract should have the object (or subject matter) of insurance and in case of property insurance, insurable interest. If EFF contract is based on the fraud export claim, that insurance contract is not valid and even though the insurance event such as non-payment of exporter to financial institution happened, the insurer of EFF is not responsible for payment of proceeds. EFF contract is one of private insurance contracts and it should be interpreted based on insurance contract law and insurance policy and the Moneual case is one of the cases that the insurance cannot cover all the lost of the policy holder (financial institution).

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