해상묵시워런티에 대한 영국 2015년 보험법의 적용과 관련한 법적 쟁점에 관한 연구

초록

This article intends to consider the legal effects, that is, how ss. 9-11 of the IA 2015 apply to the implied marine warranties, especially the warranties of seaworthiness and legality in the MIA 1906. The results of research are as followings. First, s.9 does not apply to the implied marine warranties by reason of the nature of the warranty itself. Secondly, s.10 does not apply to the warranty of seaworthiness, because the common law, as codified in s.39(1) of the MIA 1906, treats the seaworthiness warranty as a one-off obligation that must be complied at the commencement of voyage. Thirdly, even if s.10 does not afford any remedy where the vessel is unseaworthy, there remains possibility that s.11 affords remedy by requiring some form of connection between the breach and the loss whether or not the assured is in breach of warranty. Fourthly, if the voyage is unlawful at the commencement of voyage, but becomes lawful, then s.10 would seem to apply to the warranty of legality. The effect of s.10 is to suspend cover until legality is restored. Fifthly, s.11 does not apply to the warranty of legality because the requirement of legality relates to the risk as a whole. Finally, the second warranty relating to the legality of lawful performance is concerned, s.10 seems to be applied to the warranty, but there is some doubt whether s.11 applies to the warranty or not.

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