scholarly journals Legal recourse and subrogation in insurance for self-responsibility / Regres i zakonska subrogacija u osiguranju od autodgovornosti

2015 ◽  
Vol 5 (5) ◽  
pp. 84
Author(s):  
Slobodan Stanišić
Keyword(s):  
Legal Issues ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
Green Card ◽  
Injured Party ◽  
Compensation For Damage ◽  
Court Proceedings ◽  
The Right ◽  
Responsible Person

This paper discusses the legal solutions and certain disputable legal issues for the realization of the right to recourse insurer against the responsible person in the court proceedings in the case of compulsory liability insurance of owners or users of motor vehicles for the damage caused to third parties.The paper deals with the legal solutions governing the transition of the damaged claims as a creditor in the Secured Fund and the Green Card Bureau of Insurers in the case when the aforementioned insurers pays the compensation for damage to the injured party.

SUBROGATION IN INSURANCE CONTRACT

2018 ◽  
Vol 28 (6) ◽  
pp. 1985-1991
Author(s):  
Tatjana Dimov
Keyword(s):  
Insurance Contract ◽  
Insurance Companies ◽  
Property Insurance ◽  
Insured Person ◽  
Legal Position ◽  
Insured Loss ◽  
Injured Party ◽  
The Right ◽  
Insurance Agreement ◽  
Responsible Person

Subrogation is a legal right characteristically reserved by property insurers. Subrogation occurs in property insurance and in some particular cases of liability insurance. The doctrine of subrogation operates to ensure protection of certain specific principles relevant to the property insurance including the principle of indemnification whereby the compensation received is no more and no less than a full indemnity for the insured loss or damage suffered by the insured due to loss occurrence, the principle of non-cumulation in terms of claims under the same insurance contract and the principle which excludes claiming indemnity from the person who is legally responsible for causing the loss, because otherwise the insurance contract may be an unjustified source of profit for the insured as the insured would get double recovery or paid out twice for the same claim.With the payment of the reimbursement from an insurance agreement on the insurer, all rights that the insured has towards the persons responsible for the damage up to the amount of the paid compensation are transferred. With the subrogation, the insurer takes up the legal position of the insured person and exercises his right to subrogation from the rights of the insured (derivative acquisition of the right), so that the insurer exceeds the claims in scope and amount as the insured had towards the perpetrator.Subrogation is the right of the insurer, it is not his obligation. The insurer is not obliged to use this right to transfer the rights to the responsible person.The notion of subrogation is often associated with the concept of insurance regression. But there is a difference between these two terms: recourse is the right of the insurer to claim the amount of compensation that he has paid to the insured (injured parties) from the harmful person, while subrogation is the transfer of the right (the claim for damages to the responsible person) from the insured to the insurer up to the amount of the compensation paid on the basis of an insurance contract. The right to recourse is a consequence of the existence of subrogation, i.e. transfer of the rights of the insured person to the responsible person, and which is reached by the law itself.Тhe subrogation doctrine also operates to ensure that the defendant or the person who is legally responsible for the loss shall not be absolved of liability under the civil law. Namely, the perpetrator should bear the consequences of his liability for the caused damage, and therefore the legislator of the insurer (as one of the contractual parties in insurance contract) has recognized the right what he has paid the injured party (as the contractual party in the insurance contract called the insured) to calm from the perpetrator.Furthermore, subrogation doctrine operates to ensure profit for the insurance companies whereby the reimbursement funds the claims or sum insured are covered from additionally grow; therefore, this doctrine is of great importance to the insurers.

scholarly journals Personalna subrogacija u odnosu prema pravu regresa osiguratelja i ustupanju tražbine – cesiji

2021 ◽  
Vol 11 (1) ◽  
pp. 79-90
Author(s):  
Jadranka Nižić-Peroš
Keyword(s):  
Case Law ◽  
Point Of View ◽  
Civil Proceedings ◽  
Legal Position ◽  
The Subject ◽  
Injured Party ◽  
Court Proceedings ◽  
The Right ◽  
Court Expert ◽  
Insurance Compensation

The subject of this paper is a review of legislation and case law regarding personal subrogation, recourse obligation and recourse claim of the insurer for payment of insurance compensation as well as determining the amount of payment of recourse claim in civil proceedings before the court and assignment of the claim - cession. The paper starts from the point of view that the terms and institutes of subrogation, recourse and cession are very similar and that they are often identified, so we try to clearly distinguish what exactly the term refers to. In Croatian law, the right of subrogation of the insurer is most often understood as legal personal subrogation where by paying the insurance compensation the insurer assumes the legal position of its insured and consequently enabling the insurer to claim damages against the responsible person . In addition to the above, the paper also considers the statute of limitations for insurers’ recourse rights. Furthermore, the author starts from the point of view that in court proceedings initiated for recourse payment it is necessary for the court expert to clearly determine the parameters based on which the court will be able to assess in a certain percentage the possible contribution of the injured party to the damage towards the plaintiff, namely the insurer.

scholarly journals TECHNOPOLITICS OF A CONCESSIONARY CONTRACT: HOW INTERNATIONAL LAW WAS TRANSFORMED BY ITS ENCOUNTER WITH ANGLO-IRANIAN OIL

2018 ◽  
Vol 50 (4) ◽  
pp. 627-648 ◽  
Author(s):  
Katayoun Shafiee
Keyword(s):  
International Law ◽  
Oil Industry ◽  
Legal Studies ◽  
Nation States ◽  
Resource Nationalism ◽  
International Court ◽  
Court Proceedings ◽  
Set Up ◽  
Foreign Control ◽  
The Right

AbstractThe Iranian government's decision to nationalize its British-controlled oil industry in 1951 was a landmark case in international law. The Anglo-Iranian Oil Company and the Iranian government clashed over whether international authorities had the right to arbitrate for them in disputes over the terms of the oil concession. Scholarship in Middle East studies has overlooked the role of concession terms in shaping political disputes in the 20th century. Rather than seeing legal studies of the oil industry on one side and power struggles and resources on the other, this article examines international court proceedings at The Hague to argue that Anglo-Iranian oil transformed international law. Novel mechanisms of economic and legal governance, set up to deal with an expanded community of nation-states, worked as techniques of political power that equipped the oil corporation with the power to associate Iran's oil with foreign control while generating new forms of law and contract that undermined resource nationalism.

Homicide in Islamic Law

1951 ◽  
Vol 13 (4) ◽  
pp. 811-828 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Islamic Law ◽  
Discretionary Power ◽  
The Third ◽  
Simple Classification ◽  
First Category ◽  
Injured Party ◽  
The Right ◽  
Exclusive Or

Perhaps the first point which attracts the attention of the European lawyer who begins to study the treatment of qatl (homicide) in the text-books of Islamic law is that it is there treated, in modern parlance, more as a tort than a crime. To understand the offence properly, however, no such simple classification will suffice: instead, it is essential to view it in its historical setting and detailed development.Under the heading of ‘uqūbāt, or punishments, Muslim lawyers treat primarily the very limited number of offences for which definite penalties (hudūd, singular hadd) are expressly prescribed in the arīa, although reference is also frequently made to the discretionary power of the Ruler or Judge suitably to punish other wrongdoing. Offences in general, moreover, are normally sub-divided into those which are regarded as exclusively involving the “right of God”, those in which both the “right of God” and the right of some individual is recognized but the former is held to preponderate, and those in which the latter is regarded as predominant. In the first category all jurists include sariqa in its two degrees (theft and brigandage), zinā (illicit sex relations), urb (wine drinking) and, when placed in this context, irtidād (apostacy from Islam); in the second, some jurists place qaf (the unproved assertion of a chaste person's incontinence), although others put this in the third category; while in the latter all include homicide and wounding. In effect an offence in which the right of God (as the Head of the community) is held to be exclusive or preponderant more or less corresponds to the modern crime, and one in which a private individual's right is regarded as predominant to the modern tort, for the chief practical difference is that in the former neither the party primarily injured nor, indeed, the Court may drop the case or allow a settlement once it has been started, while in the latter the injured party may do either at his or her discretion.

scholarly journals Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 469
Author(s):  
Akhmad Budi Cahyono
Keyword(s):  
United Kingdom ◽  
Comparative Study ◽  
Comparative Studies ◽  
Common Law ◽  
Contract Law ◽  
Legal Rules ◽  
Contractual Relationship ◽  
The United Kingdom ◽  
Injured Party ◽  
The Right

Default is something that often occurs in contractual relationship. It can be not perform its obligations in the contract in all or in a part, performing its obligations but not in accordance with was agreed, performing its obligations but not in time, and performing something that is prohibited in the contract. Due to default, the injured party may claim compensation and / or terminate the contract. The problem is, the Indonesian Civil Code does not specify how a contract can be terminated in case of default. Therefore, it is necessary to conduct a comparative study in other countries in terms of how a default can terminate the contract. The British which adopt common law tradition where jurisprudence is the main source of law is the right choice for conducting comparative studies. Countries with common law traditions have detailed legal rules based on jurisprudence. As in Indonesia, according to British contract law, defaults also can terminate the contract. However, unlike in Indonesia, according to British contract law, termination due to a default is only allowed in the event that the default is very serious. The very serious forms of default will be elaborated and become a part of the discussion in this paper.

scholarly journals Makuchyan and Minasyan v Azerbaijan and Hungary: Novel Questions of State Responsibility, Presidential Pardon, and Due Diligence of Sentencing Transfer Meet in a Rare Case of the Right to Life

2021 ◽  
pp. 1-16
Author(s):  
Kushtrim Istrefi ◽  
Cedric Ryngaert
Keyword(s):  
Human Rights ◽  
Rare Case ◽  
Legal Issues ◽  
State Responsibility ◽  
Due Diligence ◽  
Prison Sentence ◽  
Right To Life ◽  
Fourth Section ◽  
European Court ◽  
The Right

Judgment: European Court of Human Rights, Makuchyan and Minasyan v Azerbaijan and Hungary 17247/13 (ECtHR, 26 May 2020) Judgment (Merits and Just Satisfaction). Section of the Court: Chamber (Fourth Section). Applicable Convention Rights: Article 2 echr – violation of procedural obligations by Azerbaijan, no violation of substantive obligations by Azerbaijan, and no violation of procedural obligations by Hungary. Article 14 echr and Article 2 echr – violation by Azerbaijan. Article 38 – no violation by Azerbaijan or Hungary. Primary Legal Issues: Did Azerbaijan acknowledge and adopt the conduct of R.S. in question as its own, and does that violate substantive obligations under Article 2 echr; Did Azerbaijan violate the procedural limb of Article 2 by pardoning and releasing R.S. following his transfer from Hungary to Azerbaijan to serve the prison sentence; Did Hungary violate the procedural limb of Article 2 because of failing to secure specific diplomatic assurances that Azerbaijan will not release R.S. upon his transfer. Link to Case: <http://hudoc.echr.coe.int/eng?i=001-202524>.

scholarly journals The Application of Bühlmann‑Straub Model with Data Correction for the Estimation of Net Premium Rates in Bonus‑Malus Systems of the Motor Third Liability Insurance

2018 ◽  
Vol 4 (336) ◽  
pp. 7-22
Author(s):  
Anna Edyta Szymańska
Keyword(s):  
Estimation Method ◽  
Third Party ◽  
Liability Insurance ◽  
New Method ◽  
Insurance Companies ◽  
Data Correction ◽  
Insurance Portfolio ◽  
Premium Rates ◽  
The Right

One of the elements used in the process of tariff calculation of premiums in motor liability insurance is a bonus‑malus system. This systems takes into account the “claims ratio” by means of increases and discounts of the base premium called net premium rates. The aim of this work is to propose an estimation method of the net premium rates in the bonus‑malus classes of the motor third‑party liability insurance portfolio of individuals. The Bühlmann‑Straub model was used for the premium estimation. In order to improve the credibility of the estimated premium rates, a data correction in the classes with premium increase was preformed. An example of the application of the new method is presented based on the data obtained from one of the insurance companies operating on the Polish market, which has reserved the right to stay anonymous.

scholarly journals SANKSI KERJA SOSIAL, SEBUAH ALTERNATIF PENALISASI TERHADAP PELANGGARAN LALU LINTAS DI KOTA PAREPARE

2019 ◽  
Vol 2 (2) ◽  
pp. 102-128
Author(s):  
Firmansyah
Keyword(s):  
Social Work ◽  
Research Method ◽  
Field Survey ◽  
Legal Issues ◽  
Library Research ◽  
Litigation Process ◽  
Traffic Violations ◽  
The Creation ◽  
The Right ◽  
The Impact

Social work sanctions is an alternative in handling traffic violations without going through a litigation process, this research aims; First, to find out the right strategies related to social work sanctions. Second, to find out the factors that influence the implementation of social work sanctions and finally to find out the impact of the application of social work sanctions. The research method used is a socio-normative research method. Data collection techniques for library research and interviews. The results of this study indicate that the strategies is used in implementing social work sanctions are; Field survey, socialization Collaborate with the police to conduct sweeping on the object of research, carry out social / social work sanctions and install stickers to control and there needs to be a conscious area or traffic order. namely the existence of the concept of ultimum Remedium. It’s mean that criminal is the last step and the Discretion is a power or authority that is carried out based on the law for consideration and belief and emphasizes moral considerations rather than legal considerations. The inhibiting factors are; Written rules or regulations / substances that do not yet exist, lack of socialization and legal culture or attitudes of both the community and the police are still low regarding legal issues. Finally, the impact of the implementation is the creation of rules or laws that specifically regulate the issue of social work sanctions. The next thing is the creation of the Community Police Concept

scholarly journals BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Njegoslav Jović
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
State Courts ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Primary Activity ◽  
Court Proceedings ◽  
The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

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