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.

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.

P&I INSURANCE COVER: INSURANCE OF OIL POLLUTION RISKS IN MARITIME LAW

ANCIENT LAND ◽  
2021 ◽  
Vol 04 (02) ◽  
pp. 21-23
Author(s):  
Tahmina Shahin Alizada ◽  
Keyword(s):  
Key Words ◽  
Oil Pollution ◽  
Strict Liability ◽  
Liability Insurance ◽  
Maritime Law ◽  
Regulatory Documents ◽  
Insurance Cover ◽  
Compulsory Insurance

This article attempts to analyze the insurance of pollution risks in maritime activities. The article mainly focuses on oil pollution. This article also discusses the importance of shipowner insurance for the coverage of damages caused by pollution, focusing on shipowner's liability insurance. The shipowner's liability insurance is the basis of the oil pollution compensatory system, the role of insurance in creating a regime that provides adequate compensation to oil pollution victims and reduces the number of oil pollution incidents. The study briefly discusses the P&I Insurance, CLC Convention, and other regulatory documents in the context of oil pollution. Key words: P&I clubs, "strict liability", "compulsory insurance", maritime adventure, oil pollution, CLC

scholarly journals DOSTOSOWANIE POLSKIEGO PRAWA DO EUROPEJSKICH STANDARDÓW W ZAKRESIE UBEZPIECZENIA OC POSIADACZY POJAZDÓW MECHANICZNYCH

2017 ◽  
Vol 4 (2) ◽  
pp. 117
Author(s):  
Katarzyna Ludwichowska
Keyword(s):  
Civil Liability ◽  
Liability Insurance ◽  
Negative Effects ◽  
Insurance Law ◽  
Green Card ◽  
Eu Directive ◽  
Insurance Cover ◽  
Card System ◽  
Polish Law

Adaptation of Polish Motor Liability Insurance Law to EU StandardsSummaryThe study begins with general remarks concerning the role of civil liability insurance in respect of the use of m otor vehicles as an instrument reducing the negative effects of road accidents, as well as remarks concerning the Green Card System and EU M otor Insurance Directives. Further, the most im portant provisions of EU Directives on Motor Insurance are presented and the Polish law is compared with the EU standards. Amongst other things, the following issues are discussed: checks on insurance againt civil liability in respect of the use of m otor vehicles, the m inim um amounts of insurance cover, compensation in the event o f an accident caused by an uninsured or unidentified vehicle, territorial scope of insurance protection, freedom to provide services in the field o f motor liability insurance and the legal means constituting a so called „System of the Fourth M otor Insurance Directive”. The final remarks concern the draft of the Fifth EU Directive on M otor Insurance and the changes in Polish law that will be necessary after the adoption of that directive. 

"THE SYNTHESIS OF WAR AND THEATRE": SOCIO-HUMANITARIAN DISCOURSE ON THE ESSENCE OF TERRORISM

2020 ◽  
pp. 10-23
Author(s):  
Irina V Malygina ◽  
◽  
Anna V Malygina ◽  
Keyword(s):  
International Terrorism ◽  
Complex Nature ◽  
Cultural Resources ◽  
Self Presentation ◽  
The Status ◽  
World Cultural Heritage ◽  
The One ◽  
Strategic Object ◽  
The Given

The article reveals the heuristic potential of social and humanitarian knowledge in understanding the complex nature of terrorism. The given research optics allows to expand traditional frameworks of considering terrorism as a phenomenon caused by political, ideological and economic factors; to reveal and substantiate deep cultural and mental reasons of the given phenomenon; make sense of terrorism as a destructive form of cultural identity. The cultural and historical origins of modern terrorism, which is closely connected with radical Islam, are analyzed in the civilizational system of coordinates “West–East”. The system of argumentation is based on scientific concepts and current artistic practices that interpret the causes of inter-civilizational tension resulting in international terrorism. The change of the status of the artist in the “epoch of terrorism” is analyzed; the theme of theatricalization and aestheticization of terrorist actions and the role of media in these processes are problematized. As a newest trend, which has not received any serious theoretical reflection, the text considers the phenomenon conditionally designated as “sublimation of terrorist activity into a symbolic sphere”, which is manifested in the destruction of monuments of world cultural heritage, in the orientation to culture as a new strategic object of terrorist attacks, on the one hand, and the use of cultural resources for self-presentation and promotion of their ideology by terrorist organizations, on the other

scholarly journals Accessibility and attractiveness of primary care services in Algeria: Models of spatial interaction of the NHPF of the Eastern Health Region

2017 ◽  
Vol 1 (2) ◽  
pp. 24-34
Author(s):  
Nasreddine AISSAOUI ◽  
Said BRIKA
Keyword(s):  
Spatial Interaction ◽  
Eastern Health ◽  
Negative Effects ◽  
Positive Effects ◽  
Care Services ◽  
Primary Care Services ◽  
Eastern Algeria ◽  
The One ◽  
Financial Allocation

The restructuring of basic health care structures represented by public institutions nearby care in Algeria, according to Executive Decree 07/140 of 19 May 2007, could have effects both positive and negative: positive effects as we quote the approximation of diversified health services towards the citizen. As for the negative effects they live in ignorance of the real role of this kind of structure, namely the prevention in the broad sense of the term before the one of care. Among the results of our case study on the 7 wilayas of eastern Algeria, we noted: a small financial allocation and a shortage of medical and paramedical human resources, which have frozen the role of these NHPF, and which have favored the caregiver’s recourse to hospital emergencies. On the other hand, we have also noticed the sufficient number of these structures throughout all the communes of the country and their proximity to the living environments, despite the derisory number of services rendered, which were able to meet certain needs of the inhabitants.

scholarly journals The Role of Metamorphosis in Anglo- Saxon Ballads, Albanian Ballads and Frontier Warrior Songs

2020 ◽  
Vol 6 (1) ◽  
pp. 28
Author(s):  
Danela Bala Kraja
Keyword(s):  
Social Development ◽  
Human Being ◽  
Anglo Saxon ◽  
Negative Effects ◽  
Form Of Life ◽  
Long Time ◽  
Ending Process

This article aims to point out the role of metamorphosis in Anglo- Saxon ballads, Albanian ballads and frontier warrior songs. The Anglo- Saxon ballads and Albanian frontier warrior songs and ballads came into existence a long time ago and they had a certain number of influences which as a result had their great impact on their creation, development and circumstances when and where they were composed. They were created as a consequence of some special historical, cultural and social development. It has to be emphasized that those influences were of different character and size such as human, non-human or divine ones and the compositions of songs or ballads were inspired and conditioned by a lot of circumstances. Metamorphosis is used to express that never- ending process and of course it is transforming. The changes are either positive or negative and consequently people may perceive different good or bad feelings. It is related to the magic world and the unrealistic one and sometimes it is a beautiful feeling when a human being transforms into a rose and showing a form of life continuation after death but in many cases it transforms into a non-desirable object or animal. It is a quick transformation from one thing to another and it may have either positive or negative effects on the audience.

scholarly journals A European convergence towards a stare decisis model?

2015 ◽  
pp. 173 ◽  
Author(s):  
Stefano Civitarese
Keyword(s):  
Rule Of Law ◽  
Deep Understanding ◽  
The European Union ◽  
Stare Decisis ◽  
The Rule Of Law ◽  
Law System ◽  
Legal Space ◽  
The One ◽  
The Relationship

The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some differences between civil law and common law legal systems they regard more the style of reasoning and the deep understanding of the relationship between the present decision of a court and past judicial decisions than the very existence of the constraints of the latter upon the former. The article concludes that a sort of mechanism of stare decisis has in fact been created, even though, on the one hand, uncertainty remains as to the way in which the binding force of a precedent concretely operates in the system, and on the other hand, this mechanism relates exclusively to the relationships between past and future decisions of higher courts (horizontal effect). This change, far from being a shift towards a truly judge-made law system or a consequence of the final abandonment of the dictates of the rule of law, enhances legal certainty contributing to the fundamental requirement of stability of law as a feature of the ideal of the rule of law.

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.

Some Considerations Regarding the Social Responsibility of Entrepreneurs in the European Union

2013 ◽  
Vol 2 (1) ◽  
pp. 26-35
Author(s):  
Mirela Matei ◽  
Marian Catalin Voica
Keyword(s):  
Social Responsibility ◽  
Social Impact ◽  
Social Programs ◽  
The European Union ◽  
Negative Effects ◽  
The Social ◽  
Transnational Companies ◽  
The One ◽  
Corporate Social ◽  
The Impact

The concept of corporate social responsibility is in constant development. It passes from the sphere of large transnational companies to the smaller sized companies, in the field of SMEs. Although SMEs don’t have the impact of great corporations, they have a duty to carry out social responsibility programs. An SME, as a singular unit, does not have the social impact of transnational corporations, but the large number of SMEs creates a social impact comparable to the one generated by large corporations. Due to competitive pressures, large transnational companies have outsourced some activities. SMEs that have taken over these activities have taken over responsibility for social programs to offset the negative effects arising

scholarly journals PSYCHOLOGY OF THE EVENT

2020 ◽  
Vol 4 (1) ◽  
pp. 97-104
Author(s):  
RUZAN TADEVOSYAN
Keyword(s):  
Short Story ◽  
Daily Routine ◽  
Long Time ◽  
The One

Lev Tolstoy’s short story “Khodynka”reflects the tragical events of Nikolay II’s coronation. The story was written during a day but it had been prepared for a long time. Tolstoy put down notes in his Diary, read lots of publications about Khodynka, listened to the eyewitnesses.He underlined that “The psychology of this event is very complicated” – the current entertainment changed into tragedy. The protagonist who hurried into Khodynka, at first dreamt only of winning a ticket, afterwards he became embittered and tried to release from the crowd. But the child’s rescue and then the one of Rina caused some new feeling in his soul which exalted him from the daily routine. The article studies the literary peculiarities of the story, the development of the motif of joy, originalityof the portrait, the role of the details, of irony, etc. Some parallels are marked between the stories ofV.Krasnov and F.Sologub.

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