Article 644 of Commercial Act: Legal Effects of Preexisting Perils Insured against

Article 644 (Legal Effects of Preexisting Perils Insured against)

If, as at the time of concluding an insurance contract, a peril insured against has already occurred or will never occur, such contract shall be null and void: Provided, That this shall not apply when both parties and the insured are not aware of it.

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제644조(보험사고의 객관적 확정의 효과)

보험계약 당시에 보험사고가 이미 발생하였거나 또는 발생할 수 없는 것인 때에는 그 계약은 무효로 한다. 그러나 당사자 쌍방과 피보험자가 이를 알지 못한 때에는 그러하지 아니하다.

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[Attorney's Notes] A peril insured against must be caused  by fortuitous event. A fortuitous event can be explained as an event which so far as the parties to the contract are aware, is dependent on a happening by chance or accident.


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