The characteristics of insured case in legal expenses insurance

Predmet pokrića osiguranja pravne zaštite jesu razni pravni troškovi koji su potrebni kako bi stranka ostva- rila zaštitu svojih prava. Osigurani slučaj, a time i obaveza osiguravača pravne zaštite nisu vezani za nastanak pravnih troškova, već za potrebu za pružanjem pravne pomoći (pravne zaštite), a što vremenski prethodi na- stanku pravnih troškova. U radu se pokušava definisati osigurani slučaj u osiguranju pravne zaštite. S obzirom na postojanje više vrsta pokrića u osiguranju pravne zaštite, naglašava se nemogućnost jedinstvenog određenja osiguranog slučaja. Obradi navedene problematike pristupa se komparativno uz prikaz rešenja iz uslova osiguranja i sudske prakse u nemačkom pravu.

Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance

The commencement of calculation of the period of legal limitation for compensation of damage from motor third party liability insurance is a problem for which the consensus either on scientific or practical level has not been achieved. This is mostly significant in cases where the damage was caused by a criminal offense. Recent decisions of national courts and Court of Justice of European Union leads to non-appliance of the privileged limitation period towards the motor third party liability insurer. It seems to be justified having in mind that longer period of legal limitation is prescribed as some kind of punishment against its offender. Appliying of the same period towards the insurer, infriges the fair balance between the parties, and lets the insurer mandatory to make the objections and prove the facts that are difficult to be proven due to passing of the time. The another doubtful question is determination of legal limitation for subrogation claims. Since the source of obligation in those cases is compensation of damage, and not the payment for another person, the only fair solution is the appliance of the same legal limitation period for both the insurer and the policyholder, or the claimant, to the third party liability insurer. National legislations of EU member states contain completely different legal limitation periods so it causes the legal uncertainity, especially in cross-border cases. That was the reason why the EU legislator started with procedure of harmonization of the rules on linitation, with intention of enacting of a new Directive on common limitation periods for cross-border road traffic accidents. By taking of the legislation initiative on EU level, the higher level of protection of the cross-border accident victims would be achieved. However, only if national legislators would, Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance by implementation of the Directive and its proposed term for limitation of 4 years, prescribe the same term for domestic traffic accidents victims, the desired consensus would finally be achieved. At the same time, the costs occured due to the lack of harmonization would be avoided.

Razlikovanje uslovnih od kumulativnih naknada advokata: uporedna studija procene rizika osiguravača u parnici u Velikoj Britaniji i SAD

The Conditional Fee Agreements in the UK and the Contingency Fee in the US for legal retainers can be distinguished by their risk lawyers take even if they both allow law firms to be stakeholders in the litigation process. The introduction of the conditional fee agreements (CFI) in England enabled a framework of civil litigation that could be relied upon where the cause of action could not be financed by the client. There was an element of risk involved which the insurance company had to calculate and the Jackson Reforms were responsible for effective management of litigation through the introduction of costs budgeting. While the after effects insurance was abolished the various forms of CFI could facilitate the insured litigant. This has been harmonised by a consumer based legal provision in the UK that is the priority of the Legal Services Act 2007. The comparison needs to drawn with the contingency fee agreement offered by US firms that have encouraged litigation and allow the losing party to forfeit costs when losing their case. The argument of this paper is to retain both these form of agreements in their respective jurisdictions but to retain the flexibility of allowing out of court settlements.

Ugovor o obaveznom osiguranju u međunarodnom privatnom pravu

Compulsory insurance is present in a vast majority of countries in the world and in all European countries. As international legal relations increasingly intensify, the market of cross-border insurance is also expanding. Despite entry into force of the provisions of the Rome I Regulation and the oncoming reform of the Brussels I bis Regulation, the European private international law, to the extent it governs compulsory insurance, is still a compromise. In the absence of a clear regime under the Rome I Regulation, doubts are still raised by the question of the pursuit for law applicable to group insurance contracts.

Fakultativna međunarodna pravila u oblasti ugovornog prava reosiguranja

The state of reinsurance contract law as unregulated has continued to this day. One of the reasons for reluctance in adopting particular legislation for reinsurance contracts lies in the fact that it is a legal job between professionals − two legal entities who have adequate professional knowledge and who do not need a specifi c legal framework to regulate their legal relationship. However, aft er the outbreak of the World Financial Crisis at the end of 2007, it became apparent that the fi nancial sector had to submit to stricter rules on risk management and providing suffi cient capital to cover them, unless possibleotherwise. In this regard, an initiative for formulation of the appropriate reinsurance contract law at supranational level was launched in 2015. Th e fi rst version of the Principle of Contract Reinsurance Law published in November 2019 is the subject of attention in this paper. In this paper, the authors investigate the content and eff ect of the provisions of these Rules, but do not analyze in more detail relevant provisions of the Rules of International Trade Agreements of the International Institute for the Unifi cation of Private Law of 2016, which apply supplementary to the reinsurance contract law. In this research, the authors primarily considered the aforementioned solutions and their eff ect on the rights and obligations of the reinsurer and the reinsured, with reference to the views of legal reinsurance theory.

ržište privatnog zdravstvenog osiguranja u debatama o reformi zdravstvenog sistema u postsocijalističkim zemljama

Debates on the reform of health care fi nancing in the former socialist countries during the period of social transformation were conducted as part of a wider debate regarding changes in the overall social system. Existing financing models and innovative measures were reviewed. As part of such discussions, the voluntary health insurance market also received a lot of the attention. Diff erent views were expressed in the debates that were conducted during the 1990s, from seeing a suitable supplementary source of health care funding to those who highlighted the constraints in its implementation and modest results that can be expected. As one of the criteria for assessing the suitability of this mechanism, we could review what has been achieved so far in its application. Th e paper looks at the ground covered and the situation in the former socialist countries at the end of the second decade of this century, with particular reference to Serbia and countries in its surroundings. When it comes to Serbia it can be expected that the limiting factors from the last ten years will be still manifested in the future. It is estimated that there are weak prospects of activating voluntary health insurance as a way to alleviate the problems of insuffi cient fi nancing of the health care system.