면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Company & Commercial Law
House of Lords
1925

Macaura v Northern Assurance Co Ltd

[1925] AC 619

판결 이유

A shareholder has no insurable interest in the assets of the company, because the company is a separate legal person. Even a sole shareholder does not own the company's assets — they own shares in the company.

사실관계

Mr Macaura owned a timber estate. He transferred the timber to a company in which he was the sole shareholder and sole creditor. He insured the timber in his own name. The timber was destroyed by fire and he claimed on the insurance.

판결 요약

The House of Lords held that Mr Macaura had no insurable interest in the timber because it belonged to the company, not to him personally. As a shareholder, he owned shares — not the company's assets. The principle of separate legal personality from Salomon v Salomon applied.

주요 인용문

"No shareholder has any right to any item of property owned by the company, for he has no legal or equitable interest therein."

Lord Buckmaster

후속 처리

Followed

Consistently applied as an illustration of the Salomon principle and the separation between shareholder and company property.

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