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無保險自動車의 운행에 의한 傷害保險의 法的 構造에 관한 一 考察 A Study on the Legal Structure in the Accident Insurance of Non-insurance Automobiles Operation - Based on the Judicial precedent of Japan -
無保險自動車의 운행에 의한 傷害保險의 法的 構造에 관한 一 考察
초록·키워드
The accident insurance by non-insurance automobiles is the one which an insurance gives compensation for the damage loss beyond a specific amount of money when the insured was injured in the accident by non-insurance automobiles. In other words, the purpose of this insurance is for the life and body of the insured or for the accident by non-insurance automobiles.
Especially the accident insurance by non-insurance automobiles in Japan(October 4, 1984), which is automatically insured SAP(special automobile policy) and PAP(package automobile policy) is the one which make compensation for actual damage loss within the limit of the amount of personal insurance compensation when those who are in the car and the insured were injured or killed by the accident According to the judgement of Osaka local court in Japan they distinguished the expense of the lawyer about an insurance lawsuit from the expense of the lawyer about a responsibility lawsuit. the former was not compensated but the latter was compensated as a part of the loss. Besides this one, there are such judicial decisions(February 27, 1987 : October 31, 1995 : November 25, 1996). And The theory of law about this was introduced by the professors of law in Japan. Traffic accidents, the matter of the expense of a lawyer, the contraction of non-life insurance, cause and effect theory, the theory about the legal structure in the accident of non-insurance automobiles, the scope of compensation and the problem about the expense of the lawyer in the responsibility lawsuit were introduced.
In conclusion the legal structure of the accident insurance by non-insurance automobiles is understood not a responsibility insurance but an accident insurance regarding the problem of the expense of a lawyer about the responsibility insurance.
Especially the accident insurance by non-insurance automobiles in Japan(October 4, 1984), which is automatically insured SAP(special automobile policy) and PAP(package automobile policy) is the one which make compensation for actual damage loss within the limit of the amount of personal insurance compensation when those who are in the car and the insured were injured or killed by the accident According to the judgement of Osaka local court in Japan they distinguished the expense of the lawyer about an insurance lawsuit from the expense of the lawyer about a responsibility lawsuit. the former was not compensated but the latter was compensated as a part of the loss. Besides this one, there are such judicial decisions(February 27, 1987 : October 31, 1995 : November 25, 1996). And The theory of law about this was introduced by the professors of law in Japan. Traffic accidents, the matter of the expense of a lawyer, the contraction of non-life insurance, cause and effect theory, the theory about the legal structure in the accident of non-insurance automobiles, the scope of compensation and the problem about the expense of the lawyer in the responsibility lawsuit were introduced.
In conclusion the legal structure of the accident insurance by non-insurance automobiles is understood not a responsibility insurance but an accident insurance regarding the problem of the expense of a lawyer about the responsibility insurance.
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