The Similarities and Differences between an Insurance Indemnity and the Indemnity Proper: Can We Consider the Insurance Indemnity as the Indemnity (Civil Liability)?

The aim of this article is to disclose the origin and the conception of an insurance indemnity and the indemnity (civil liability institute) proper, to research the connection between an insurance indemnity and indemnity (civil liability institute) proper and to establish when the insurance indemnity could be considered as indemnity (civil liability). The indemnity theory puts insurance compensatory function in first place and generally makes no distinction between insurance indemnity and indemnity proper. The following parts of this article describe the similarities and differences between insurance indemnity and indemnity proper. Both of them share compensatory function. The subrogation is also common for both, with one exclusion: life insurance and sum insurance products have no subrogation at all.