scholarly journals Legal status of the parties of the contract of civil liability insurance

2019 ◽  
Vol 1 (4) ◽  
pp. 259-264
Author(s):  
Yulia Biletska ◽  
2018 ◽  
pp. 101
Author(s):  
Rafael Lara González

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.


2021 ◽  
Vol 33 (2) ◽  
pp. 435-441
Author(s):  
Pham Van Tan

Oil pollution damage caused by oil spills at sea generally occurs on a large scale across numerous regions and countries, causing significant harm to marine ecosystems as well as worldwide economic loss. The costs are so severe in many instances that the owner of the ship responsible for the pollution cannot afford to pay compensation to those who have suffered loss. As a consequence, the need to cover oil pollution damages has given rise to compulsory liability insurance, which provides a financial guarantee against the costs of oil spills. Compulsory civil liability insurance has therefore become an indispensable part of the liability regime for owners of oil tankers and bunkers.


2020 ◽  
pp. 32-36
Author(s):  
Oksana Grigorievna Gortsevskaya ◽  
Veronika Alexandrovna Frolova

InterConf ◽  
2021 ◽  
pp. 199-205
Author(s):  
Faik Birishik

Both Turkish and Azerbaijani legislation requires motor vehicle owners to enter into a contract of compulsory civil liability insurance. The list of vehicles with compulsory civil liability insurance to third parties is reflected in Article 50.2 of the Law of the Republic of Azerbaijan on “Compulsory Insurance”. A similar list of vehicles with compulsory civil liability insurance is reflected in the Law of the Republic of Turkey “On Motor Roads”. Losses included in the coverage area of the insurance contract on compulsory civil liability insurance of motor vehicle owners are classified in the form of damage to vehicles, material damage and damage to life and health of the victim.


Author(s):  
Olena MARTSENIUK

The research of the article is aimed at highlighting the essence and features of the functioning of the car insurance market in Ukraine. The study found that motor insurance is associated with profound economic and social changes in society due to mass motorization, the growth of the car fleet and traffic intensity, as well as huge material losses as a result of road accidents. It should be noted that freight transport is developing quite rapidly both within the country and abroad. At the same time, an increase in the number of intercity bus transportation, excursion and tourist bus services has been established, and as a result, international motor tourism is growing. It is proved that these factors contribute to the growth of accidents, losses in the transportation of goods, increase accidents with passengers and pedestrians on highways and, accordingly, material and social losses of society, population, commercial and government agencies. It is substantiated that insurance in general and civil liability insurance, as its integral part, is an infrastructure that helps to increase the efficiency of all areas of business. This determines the importance of the development of all types of insurance in Ukraine, taking into account the process of integration into the world community. It is established that the development of insurance market in our country should be based on the study and balanced use of experience of industrialized countries with long traditions in the insurance market, legal regulation of insurers and diversification of various types of insurance. However, it should be borne in mind that the world community has invented universal means of compensation, which is the most popular type of liability insurance worldwide – is the insurance of civil liability of owners of land vehicles. It provides for the payment of monetary compensation to the victim in the amount that would be collected from the owner of the vehicle on a civil lawsuit in favor of a third party for damage to life and health, as well as for damage or loss of property due to an accident or other road – transport accident due to the fault of the insured. Given the state and prospects of motorization in our country, as well as foreign experience in insurance market, we can say with confidence that liability insurance is one of the leading areas among other types of insurance. However, in its organization and implementation there are many different problems of legal, social, economic and organizational type. Recommendations on the prospects for the development of civil liability insurance of owners of land vehicles in Ukraine are given.


2018 ◽  
Vol 2 (5) ◽  
Author(s):  
Zurab Mushkudiani ◽  
Nana Shonia ◽  
Tamila Khurtsidze ◽  
Darejan Saldadze

Author(s):  
И. А. Пригодич ◽  
И. А. Конончук ◽  
А. В. Киевич

Formulation of the problem. At present, in the conditions of the development of trade, international transportation is becoming more significant. However, despite this, insurance of civil liability to the customs authorities with the use of the International Road Transport Book in the Republic of Belarus shows a negative trend. The purpose of the research is to explore the features of civil liability insurance to customs authorities using the International Road Transport booklet in the Republic of Belarus and analyze its dynamics, as well as to identify possible trends in its development. The object of the research is the features and practical procedures for voluntary insurance of civil liability to customs authorities using the book of International road traffic in the Republic of Belarus. Methods used of the research. The use of the induction method allowed us to designate ways to improve the procedures for voluntary insurance of civil liability to the customs authorities. The hypothesis of the research. The negative tendency of civil liability insurance to customs authorities is partly related to restrictive conditions, under which the carriage of goods under the International Road Traffic System can be carried out. The statement of basic materials. The Convention on International Road Transport defines the carriage of goods carried without intermediate transshipment in road vehicles, their compositions or containers, crossing one or more borders, from the customs of departure to the customs of destination, provided that a certain part of the International Road Transport operation between its beginning and end is made by road. Goods transported in accordance with the International Road Transport Procedure are exempt not only from paying or depositing in the intermediate tariffs of import and export duties and taxes, but also from customs inspection in them. Originality and practical significance of the research. The procedure for the operation of civil liability insurance to customs authorities with the use of the International Road Transport booklet, taking into account the UN Customs Convention on the International Carriage of Goods, is disclosed. Conclusions of the research. Insurance organizations of the Republic of Belarus increase the demand for insurance of civil liability to the customs authorities using the book of International road traffic and popularize it among residents of the country. This will contribute to the development of not only the insurance market in the country, but also the maintenance of the status of the Republic of Belarus as an export-oriented country.


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