scholarly journals INSURANCE COVERAGE IN CIVIL LIABILITY OF MOTOR VEHICLES OWNERS’ COMPULSORY INSURANCE (COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF TURKEY AND THE REPUBLIC OF AZERBAIJAN)

InterConf ◽  
2021 ◽  
pp. 199-205
Author(s):  
Faik Birishik
Keyword(s):  
Motor Vehicle ◽  
Insurance Coverage ◽  
Civil Liability ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
Coverage Area ◽  
Compulsory Insurance ◽  
The Law ◽  
The Republic ◽  
Republic Of Turkey

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.

Gloss to the Judgment of the Court of Justice of the European Union of 15 November 2018 (C 648/17) concerning covering the damage caused by the passenger with the motor liability insurance in respect of the use of motor vehicles

2020 ◽  
Vol 1 (102) ◽  
pp. 61-78
Author(s):  
Marcin Orlicki
Keyword(s):  
Insurance Coverage ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
The European Union ◽  
Eu Member States ◽  
Court Of Justice ◽  
Compulsory Insurance ◽  
Car Park ◽  
Polish Law ◽  
The Eu

The gloss refers to the Judgment of the CJEU, which stated that the concept of 'use of vehicles’ covers the situation when the passenger of a vehicle parked in a car park, while opening the door of that vehicle, scraped against and damaged the vehicle parked next to it. This means that the motor liability insurance covers such damages, irrespective of the legal regulations contained in the laws of the EU Member States, which impose an insurance obligation and define its scope. The Judgment of the CJEU is contrary to the Polish law in force, which assumes that the motor liability insurance covers the responsibility of the owner of the vehicle and the driver of the vehicle, but not third parties (including the passenger). Although, according to the author, the extension of liability does not have an axiological justification, it is necessary to modify the interpretation of the Polish regulations defining the scope of insurance coverage and to introduce the amendment to the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau in the future.

Clarifying the Concept of Victim in the Motor Vehicle Drivers' Liability Insurance: The ECJ's Judgment in Case C-442/10

2012 ◽  
Vol 3 (2) ◽  
pp. 257-260 ◽  
Author(s):  
Vadim Mantrov
Keyword(s):  
Motor Vehicle ◽  
Civil Liability ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
Insurance Company ◽  
Member States ◽  
Company Limited ◽  
Council Directive ◽  
Motor Insurance

Case C-442/10, Churchill Insurance Company Limited v Benjamin Wilkinson and Tracy Evans v Equity Claims Limited [2011] ECR I-00000Article 3 No. 1 of Council Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, as amended, codified and repealed by Directive 2009/103/EC, OJ L - 103, of 02.05.1972. pp. 1–6. [First Motor Insurance Directive]Article 2 No. 1 of Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended, codified and repealed by Directive 2009/103/EC, OJ L – 8, of 11.01.1984. pp. 17–20. [Second Motor Insurance Directive]Article 1 No. 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended, codified and repealed by Directive 2009/103/EC, OJ L – 129, of 19.05.1990. pp. 33–35. [Third Motor Insurance Directive]

ELEKTRIČNI TROTINETI I OSIGURANjE OD AUTOODGOVORNOSTI

2021 ◽  
Author(s):  
Milos Radovanovic
Keyword(s):  
Technological Progress ◽  
Motor Vehicle ◽  
Third Party ◽  
Liability Insurance ◽  
Electric Scooter ◽  
Compulsory Insurance ◽  
Injured Party ◽  
The Republic ◽  
Special Rules ◽  
To Receive

Technological progress, importance of taking care of the environment and need for the “micro-mobility” of humans in the cities, have led to increased usage of electric scooters. Every means of transportation, including the scooter, cause of risk of a damage. Possibility of causing of the damage opens a question of the obligation of owners of the electric scooters to conclude motor third party liability insurance. Th is paper tries to give an answer on the question. Author also seeks to fi nd an answer on a question is the injured party entitled to receive compensation of damage from guarantee fund, if the damage is caused by the uninsured electric scooter. Author gives the positive answer on these two questions. Author concludes that de lege lata electric scooter must have third party liability insurance, and that injured party is entitled to receive the compensation from the guarantee fund. Obligation of the owners of the electric scooter to conclude liability insurance, as well as injured party claim toward the guarnatee fund, is based on the fact that electric scooter is motor vehicle, according to the legal defi nition of the motor vehicle. Author considers that there is no legal gap in current laws of the Republic of Serbia, concerning insurance of the electric scooters. It is not necessary to change regulations on compulsory insurance in traffi c. Th ere is no need for the special rules for insurance of electric scooters. Legal issues concerning insurance of electric scooters and redress of damage caused by those scooters, can be resolve by interpretation of the applicable regulations.

scholarly journals The Architecture of Mevlevi Buildings, One of the Dervish Houses in the Ottoman Geography

2019 ◽  
Vol 2 (4) ◽  
pp. 307
Author(s):  
Hasan Şehmuz Haştemoğlu ◽  
Engin Kepenek
Keyword(s):  
Saudi Arabia ◽  
Thirteenth Century ◽  
16Th Century ◽  
13Th Century ◽  
Islamic Architecture ◽  
Architectural Style ◽  
Turkish Republic ◽  
The Law ◽  
The Republic ◽  
Republic Of Turkey

The Mevlevism order was established in the Seljuk period in Anatolia in the thirteenth century. After the death of Mevlana Celaleddin-i Rumi, his son Sultan Veled systemized his father's thoughts and created his own rules and brought the rituals to a ceremony in the form of sema ceremonies. Sultan Veled gave the name “Mevlevism” to his sect and was called “Mevlevihan” to his Dervish Houses. Nearly 140 Mevlevihane building was established in a wide geography which its east is in Tabriz (Iran), west is in Pecu (Hungary), north is in Gözleve (Ukraine), South is in Cairo (Egypt) and Mecca in Saudi Arabia. Nearly 80 of these Dervish Houses remained in the Republic of Turkey. After the declaration of Turkish Republic, these Dervish Houses were closed in 1925 by the law of “closure Tekkes and Zaviyes”, no. 677. There are two kinds of Mevlevihan, which are “Asitane” and “Zaviye”. Mevlevihan called Asitane are the main Dergahs which are full-fledged and has removing “ordeal” possibilities. The number of Asitane constructions is around 15 in all Mevlevihan buildings. Another Mevlevihan building is Zaviye. Zaviye were ruled by Mevlevi, who has the title of “şeyh” and “dede”. Many of the Mevlevihan become a historical monument because of their architectural style and construction date. However, most of these structures have been ruined over the years. Apart from a small number of Mevlevihan, which was established as "Külliye", "Semahane" parts of these Mevlevihan were used as mosques and remained up to date. When the architectural programs of the Mevlevihans are examined, it is seen that the Mevlevihans, which were settled down in 13th century have an architectural program after the 16th century and they take Konya Mevlana Dergah as an example. However, it is not possible to mention about same sized and specified spaces in all the Mevlevihans. There are similar sections only in the large- scale Mevlevihans which are “Asitane” status. In this study, an evaluation and classification study was carried out on the architectural formation of the Mevlevihans one of the Dervish constructions in Islamic architecture which attracted attention with its wide geography.

scholarly journals ДОБРОВІЛЬНЕ СТРАХУВАННЯ ГРОМАДЯНСЬКОЇ ВІДПОВІДАЛЬНОСТІ ПЕРЕД МИТНИМИ ОРГАНАМИ

2019 ◽  
pp. 58-66
Author(s):  
И. А. Пригодич ◽  
И. А. Конончук ◽  
А. В. Киевич
Keyword(s):  
Road Traffic ◽  
Civil Liability ◽  
Road Transport ◽  
Liability Insurance ◽  
Practical Significance ◽  
Traffic System ◽  
Demand For Insurance ◽  
The Status ◽  
Import And Export ◽  
The Republic

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.

scholarly journals PERANCANGAN ALARM ANTI MALING PADA KENDARAAN BERMOTOR DALAM POSISI PARKIR MENGGUNAKAN SENSOR PIR (PASSIVE INFRARED RECEIVER) DAN SENSOR GETAR BERBASIS ARDUINO UNO R3

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Jhonny Hendra cipta Pangaribuan ◽  
Indra Gunawan ◽  
Heru Satria T ◽  
Sumarno . ◽  
Ika Okta Kirana
Keyword(s):  
Input Data ◽  
Motor Vehicle ◽  
The Body ◽  
Vibration Sensor ◽  
Motor Vehicles ◽  
Sensor Coverage ◽  
Coverage Area ◽  
Turn On ◽  
Arduino Uno ◽  
Motorized Vehicles

Abstrak: Masyarakat merasa keamanan saat ini tidaklah kondusif, banyak perampokan dan penodongan terhadap kendaraan bermotor, khususnya di area parkir dan mengakibatkan kerugian materi yang bagi kelas masyarakat tertentu dinilai besar. Semakin meningkatnya kebutuhan masyarakat dalam penggunaan perangkat keamanan pada kendaraan bermotor mereka, terutama untuk sekarang ini belum banyak kendaraan yang di lengkapi sensor keamanan dari pabrikan pembuat kendaraan bermotor. Hal ini mendorong penulis untuk merancang perangkat pengaman pada kendaraan bermotor. Sistem pengaman ini menggunakan mikrokontroler Arduino Uno r3 yang dihubungkan dengan sensor PIR dan sensor SW-420 vibration sensor. Sensor PIR akan mendeteksi adanya pergerakan di sekitar kendaraan bermotor yang menyebabkan adanya perubahan tegangan. Perubahan tegangan dari sensor kemudian akan dijadikan sebagai data input oleh mikro kontroler dan diproses sehingga membuat LCD menyala serta buzzer/alarm berbunyi. Sistem pengaman ini mampu mendeteksi keberadaan manusia yang masuk dalam cakupan/coverage area sensor, maka suhu tubuh yang di pancarkan manusia akan di deteksi dan selanjutnya sensor akan aktif. Sedangkan sensor SW-420 akan mendeteksi getaran yang di timbulkan dari sentuhan atau getaran dari objek(manusia).Kata Kunci : Mikrokontroler, sensor PIR, buzzer, sensor SW-420 vibration.Abstract: The community feels that security at this time is not conducive. Many robberies and robbery of motorized vehicles, especially in the parking area, resulting in material losses, which are considered large for certain classes of society. Increasing needs of the community in the use of security devices on their motor vehicles, especially, for now, not many cars are equipped with safety sensors from manufacturers of motor vehicle manufacturers. This prompted the authors to design safety devices on motor vehicles. This security system uses an ARDUINO UNO R3 microcontroller connected to the PIR sensor and SW-420 vibration sensor. PIR sensor will detect any movement around the motorized vehicle, which causes a change in voltage. The sensor's voltage will then be used as input data by the microcontroller and processed so that the LCD will turn on, and the buzzer/alarm will sound. This safety system can detect humans who fall within the sensor coverage area, then the body temperature emitted by humans will be seen, and the sensor will then be active. In comparison, the SW-420 sensor will detect vibrations caused by touch or vibrations from objects (humans).Keywords: Microcontroller, PIR sensor, buzzer, SW-420 vibration sensor

Traffic Accident Compensation in Belgium: An Example for Europe?

2003 ◽  
Vol 10 (2) ◽  
pp. 199-213
Author(s):  
Caroline van Schoubroeck
Keyword(s):  
European Commission ◽  
Traffic Accident ◽  
Motor Vehicle ◽  
Case Law ◽  
Motor Vehicles ◽  
Bodily Injury ◽  
Accident Compensation ◽  
Compulsory Insurance ◽  
Key Features ◽  
Do So

On June 10, 2002 the European Commission adopted a proposal for a new Motor Insurance Directive. One of the goals of this proposal is to ensure that pedestrians and cyclists are covered by the compulsory insurance of the vehicle involved in the accident. Examples of legislation which has already sought to do so includes the French law (Loi Badinter in France) and Swedish law. It may be less well-known that Article 29bis of the Belgian Act of 21 November 1989 on the insurance against civil liability regarding the use of motor vehicles is another example of national legislation providing such coverage, not only of pedestrians and cyclists but also of motor vehicle passengers themselves. Belgian law provides a specific compensation for bodily injury and death incurred by every victim of a traffic accident involving a motor vehicle, with the exception of the driver. This is so regardless of whether the driver or the victim is at fault or not. This paper gives a brief overview of the key features of this compensation regime and its subsequent statutory changes and places it within the context of the case law.

scholarly journals THE CIVIL LIABILITY INSURANCE OF OWNERS OF MOTOR VEHICLES IN THE CONTEXT OF INNOVATIVE TRANSFORMATIONS

2021 ◽  
Author(s):  
Liudmyla Volokhova ◽  
Keyword(s):  
Civil Liability ◽  
Forecast Model ◽  
Insurance Premium ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
Motor Vehicles ◽  
European Standards ◽  
Car Insurance

Insurance plays a stabilizing role in economic development, so it is an important financial area in an era of new challenges and threats. This leads to increased attention to insurance in general and the introduction of innovations in such an important area as liability insurance. The specific features of this industry require the development of important recommendations for improving the compulsory civil liability insurance of owners of motor vehicles (CCLIOMV) in Ukraine. The methodology and methods of work involve the use of a systematic approach, analysis, comparison, forecasting in the development of improved regulation of the liability insurance market. The condition for the successful functioning of the insurance market in Ukraine is a decent level of quality of insurance services based on such innovations in car insurance as telematics, namely Usage-based insurance (UBI), is a special program that allows discounts to drivers by tracking their mileage. Another new vector is mobile technology, which allows you to remotely control devices, develop the implementation and maintenance of insurance services with their help. The methods of encouraging the use of motor third party liability insurance services, as well as the approximation of the existing system CCLIOMV to European standards is the use of a bonus-malus – a correction factor for the size of the insurance premium. The need and effectiveness of the introduction of an electronic policy is the ability to independently choose a reliable insurer, provide a guarantee of the acquisition of legitimate insurance protection, the introduction of non-cash using Internet acquiring technology forms of payment for insurance services and more. The scientific research carried out in the work allowed to determine the forecast indicators of the introduced innovations in the insurance market. The results of calculations of the forecast model on the dynamics of sales of electronic policies CCLIOMV in Ukraine show that their volume is constantly growing and in 2022 will amount to about 7 million units. This allows us to forecast the coverage of electronic policies CCLIOMV up to 70% of all vehicles in Ukraine.

Duty of treatment and duty of care, and scope of insurance coverage in medical liability insurance

2019 ◽  
Vol 1 (98) ◽  
pp. 68-81
Author(s):  
Małgorzata Serwach
Keyword(s):  
Therapeutic Process ◽  
Insurance Coverage ◽  
Medical Knowledge ◽  
Civil Liability ◽  
Point Of View ◽  
Liability Insurance ◽  
Medical Liability ◽  
Duty Of Care ◽  
Insurance Cover ◽  
Medical Liability Insurance

The subject of this publication is the duty of treatment and the duty of care, a breach of which may lead to civil liability of a physician. These duties are considered from the point of view of their scope, meaning for the responsible entity and for the insurer under civil liability insurance. The duty of care is no less important. It applies to the entire diagnostic and therapeutic process, both to the action and omission of a physician, individual medical procedures, the use of current medical knowledge, the use of medical devices or medicinal products. The point is to exercise care and diligence required of a professional (art. 355 § 2 of the [Polish] Civil Code). There is no doubt that a breach of the dutyof treatment or the duty of care falls under the scope of insurance cover in civil liability insurance. The problem arises,however, when a certain action or omission of the doctor leads to an infringement of the patient's right, but no personal injury occurs.Then, it has not been clearly resolved whether the mere breach of the obligation of treatment leads to the liability of the civil liability insurer. This issue is gaining more and more practical meaning.

Competence Disputes Relating to Liability of the Insurance Guarantee Fund and an Insurance Undertaking on the Background of Compulsory Motor Liability Insurance - Practical and Legislative Solutions

2019 ◽  
Vol 1 (98) ◽  
pp. 17-27
Author(s):  
Sława Cwalińska - Weychert ◽  
Iwona Kaja
Keyword(s):  
Liability Insurance ◽  
Motor Vehicles ◽  
Complex Nature ◽  
The European Union ◽  
Negative Effects ◽  
Insurance Cover ◽  
Compulsory Insurance ◽  
Long Time ◽  
The One

The authors of this article, having analyzed the role of the Insurance Guarantee Fund in the compulsory insurance system, show the most significant differences in the liability of motor liability insurers and the IGF towards the injured. In their opinion, the identified differences in the liability principles and the differences in the interpretation of the applicable laws are the most frequent sources of competence disputes between insurance undertakings and the Fund, particularly about the competence of one of them in the claims settlement of victims of incidents involving unidentified perpetrators. On the one hand, these disputes are essentially held over formal issues, such as the existence or non-existence of insurance cover of the perpetrator and, on the other hand, over substantive ones, namely the recognition of the liability of either the IGF or the insurer in the circumstances of the event. Owing to their complex nature these disputes are frequently long-lasting, which results in the victims waiting for an extremely long time for their compensation. The authors emphasize that in the European Union the above problem has already been identified and was mostly regulated by the Directive 2009/103/EC of the European Parliament and Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability. In Article 11 of the regulation it is stated that in the event of a dispute between the guarantee institution and the insurer, about determining who must compensate the victim, the Member States are required to designate one of those parties to be responsible in the first instance for paying the compensation to the victim without delay. The Insurance Guarantee Fund has repeatedly pointed to the negative effects of the lack of full implementation of this regulation to our national legislation. It consequently must have led to competence disputes and the need for conflict resolution in courts, at the expense of victims waiting long for being paid the compensation. Having recognized the importance of the above problems, the Polish legislator finally resolved this issue by the Act of 23 October 2018, amending the act on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau in accordance with the directive. In the above amendment it has been indicated that in the event of a competence dispute the insurance undertaking is required to satisfy the justified claims, but at the same time the obligation has been imposed on the Fund to reimburse the paid compensation to the insurer, in the situation when the responsibility of the Fund to the victim of the accident was established. According to the authors, the entry into force of this regulation on 31 December 2018 should eliminate from the market the phenomenon of justified claims being not settled in due time.

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