Professor Kaoru Imai
|Area and Subject Taught||Insurance law|
|Research Theme(s)||Insurance Contract Law|
|Academic Degrees||Doctor of Laws, Kobe University|
|Keywords for Research Field||Principle of Insurance Inalienability, Subrogation of Claim Rights,Insurance for Other's Account and Insurance for a Third Party|
|Office Phone Number||81-75-705-1823|
I have been investigating the nature of insurance contracts. Contracts are generally governed by the principle of private autonomy between the parties involved, so on principle there is no outside intervention. However, it is doubtful whether or not the same principle is applicable to insurance contracts where risk is accepted by the insurer. This is because it is clearly impossible to get sufficient protection from insurance without risk funds, which are created from insurance premiums paid by many others who have similar insurance contracts. Actually, insurance practice is often based on group-oriented systems of insurance contracts (for examples, no-claim rebates). Some insurance contracts provide for special systems indicating the group-oriented relations, including subrogation of claim rights and notice obligations.
Under the circumstances, I am considering restoring a traditional theory known as"Enterprise Theory," but the theory is still at the foreign law level and it will take much work to adopt it as domestic law (see my work, "Enterprise Theory in Insurance Contracts-A Study of Insurance Theories in Italy"). My next research topic will be a review of whether or not the theory can be transplanted into domestic law from the universal legal theory of contracts, and whether or not the theory can be joined with practice and the theory of insurance contract law in Japan.
Notable Publications and Works
- Insurance Contract Law – Text on No Life Insurance Education Courses –, 4th ed., 2015 The General Insurance Institute of Japan(coauthored with Prof. K. Amari, T. Yamamoto, A. Ban and Y. Yamano). (in Japanese)
- The New York Code of Insurance (2010 Ver.)(Translation), 2012 The Life Insurance of Japan. (coauthored with Prof. A.Umetsu) (in Japanese)
- Lecture on Insurance Law, 2nd.ed., 2005 Houritsu Bunka Sya (coauthored with Prof. T. Okada and A. Umetsu). (in Japanese)
- A Study of "Teoria del'Impresa (Enterprise Theory)" ̶ Research on Italian Theories of Insurance Contracts ̶, 2005 Chikura Shobo. (in Japanese)
- Code des Assurances I (Translation of French Insurance Code), 1998 Research Institute for Life Insurance and Culture, (coeditor with Prof. Y. Takechi). (in Japanese)