損害保険契約における「利得禁止原則」否定論

土岐 孝宏
It is one of the basic controversy problems in insurance law that whether mandatory provision which means insured is prohibited to gain the profit by the insurance exists or not? The accepted theory in Japan which imitates traditional theory of Germany has been considered that all legal relations in indemnity insurance is governed by the principle of indemnity as mandatory provision.
doi:10.34382/00010541 fatcat:pmdudbgp4bandpib67uul4fcgi