scholarly journals Insurance Contract and Aleatory Contract under Reform of the Law of Obligations in France

2020 ◽  
Vol 2020 (651) ◽  
pp. 651_111-651_137
Author(s):  
Masaharu Matsuda
Keyword(s):  
2017 ◽  
Vol 17 (1) ◽  
pp. 115
Author(s):  
Vianda Karina Ika Putri ◽  
Bambang Winarno ◽  
A. Rachmad Budiono

Abstract: Electronic policy or e-policy is an insurance contract that happends due to an electronic commercial transactions. But e-policy has been in Indonesia although there is no clear legal framework related to the existence of these e-policy. The purpose of this study are 1) Determine and analyze how the legality of e-policy according to the law in Indonesia. 2) Determine and analyze how the strength of e-policies evidence in the event of a dispute between the parties. Judicial review of electronic policy in the insurance agreement, namely: 1) E-polis as a form of agreement which could be interpreted is not qualify as legitimate e-policy agreement contrary to KUHDagang to be equivalent for sub law. So, insurance agreement can be interpreted is not meet objective conditions of an agreement that could result in the agreement is null and void (Article 1320 of KUHPerdata). 2) The strength of evidence on e-policy will have a strong legal force if the e-policy is made in the form of a deed in writing and acknowledged by both parties entered into an agreement, but if e-policy just softfile that send by email then e-policy does not have the strength of evidence because it was not in accordance with the provisions of Indonesian laws. Keywords: Agreement, E-policy, The Insurance Agreement Abstrak: Polis elektronik atau e-polis merupakan kontrak asuransi yang terjadi akibat suatu transaksi komersial elektronik. Namun e-polis telah berada di Indonesia meski belum ada payung hukum yang jelas terkait adanya e-polis ini. Tujuan Penelitian ini ialah 1) Mengetahui dan menganalisis keabsahan e-polis menurut hukum di Indonesia, 2) Mengetahui dan menganalisis bagaimana kekuatan pembuktian e-polis dalam hal terjadi sengketa antara para pihak. Tinjauan yuridis terhadap polis elektronik dalam perjanjian asuransi, yakni : 1) E-polis sebagai suatu bentuk perjanjian yang dapat diartikan tidak memenuhi syarat sah perjanjian karena e-polis bertentangan dengan KUHDagang yang setara dengan Undang-Undang. Sehingga perjanjian asuransi tersebut dapat diartikan tidak memenuhi syarat objektif suatu perjanjian yang dapat mengakibatkan perjanjian tersebut batal demi hukum (Pasal 1320 KUHPerdata). 2) Kekuatan pembuktian pada e-polis akan memiliki kekuatan hukum yang kuat apabila e-polis dibuat dalam bentuk akta yang tertulis dan diakui oleh kedua belah pihak yang mengadakan perjanjian, namun apabila e-polis tersebut hanya berbentuk softfile yang dikirim melalui email maka e-polis tersebut tidak memiliki kekuatan pembuktian karena tidak sesuai dengan ketentuan-ketentuan hukum positif Indonesia. Kata Kunci : Perjanjian, E-polis, perjanjian asuransi


2016 ◽  
Vol 10 (1) ◽  
pp. 186-195
Author(s):  
Ирина Суслова ◽  
Irina Suslova ◽  
Елена Бокарева ◽  
Elena Bokareva ◽  
Антонина Соколова ◽  
...  

Experience of the last ten years says that monuments become the object of violations and destructions. Almost daily shocking news of vandalism on burial places are appearing in mass media. Such behavior of violators of the law causes sincere neglect and misunderstanding in decent citizens. At the same time citizens are concerned by safety of monuments as subjects of a material world, look for ways to save them from possible encroachments, and themselves from unplanned expenditure on their restoration. It is known that the monuments executed from noble stones, shod fencings and marble slabs cost much, and from time to time is very expensive. And it is twice offensive when such gravestone constructions are exposed to attack and plunder. Today in Russia there are protected cemeteries, but as practice shows, and protection isn´t able to save a grave from this trouble. In that case insurance companies come to the rescue. They are ready to compensate the damage caused by vandals in the presence of the insurance contract. At first sight this service is strange, but its demand says that the condition of society where such immoral manifestations are possible is strange. The insurance contract execution of gravestone constructions of insurance company requires the passport of the insurer, the name of a cemetery and number of a grave, and also the documents for production of these constructions confirming the corresponding expenses. It is need to be note that such insurance can directly be made out on a place and supplement the list of the provided funeral services.


2012 ◽  
Vol 50 (1) ◽  
pp. 171
Author(s):  
Barbara Billingsley

A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a meaningful way. This description came to mind when the Alberta government announced last year that the major components of the province’s long-awaited Insurance Amendment Act would take effect on 1 July 2012. Are the modifications contained in this statute worth the years of anticipation and consultation, or are the changes implemented by the legislation less significant for insurance contract law than the long reform process would suggest? In other words, does the statutory amendment achieve meaningful change by effectively addressing pressing insurance contract issues, or is this reform just a long arrow with a short bow?


1961 ◽  
Vol 35 (3) ◽  
pp. 317-335 ◽  
Author(s):  
Morton Keller

Despite a widely prevailing judicial insensitivity to corporate reform and regulation, the large insurance companies found themselves under careful, constant, and not always sympathetic legal scrutiny. This scrutiny tended to emphasize the equity rather than the letter of the law, and kept the insurance contract the flexible servant of a dynamic society and industry.


2017 ◽  
Vol 4 (2) ◽  
pp. 9
Author(s):  
Jan Łopuski

Euro-merge of the Law Regarding Insurance ContractSummaryThe author presents the origins of the Polish commercial insurance law in the context of the process o f its Euro-merge. Special attention is devoted to the evaluation of the quality of the regulation of the insurance contract in the Civil Code against the background of the solutions adopted by laws o f particular W estern European countries. The above problems are discussed in relation to the freedom of contracts principle, general conditions of insurance, consumer contracts law and the limitations of insurance. The evaluation of the Polish legislation includes interesting remarks de lege ferenda.


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


1998 ◽  
Vol 7 (2) ◽  
pp. 17-19
Author(s):  
I. Campbell-Taylor
Keyword(s):  

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