2021New Ukrainian LawOpen access

Individual types of civil insurance agreements

Nadiia Milovska

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Abstract

The article studies the features of co-insurance, reinsurance and compulsory insurance contracts in the system of civil law contracts. In particular, it marks that in the context of the economic development of society to advance the legal guarantees of a financial status of insurance organizations, there is a need not only to conclude insurance contracts but also co-insurance and re-insurance contracts. The author defines the co-insurance and reinsurance contracts and also studies the key controversial points of the legal regulation of reinsurance relations. It is stated the co-insurance is one of the ways to share risks caused by the failure for an insurer to accept an insurance object assuming that several insurance companies carry out the same type of insurance. In terms of reinsurance, it is implemented pursuant to the reinsurance contract concluded between an insurer and reinsurer without agreeing with the insuring party. The article also defines and characterizes a compulsory insurance contract as a type of civil law contracts with the help of which the state obliges persons specified in the law to insure certain property interests. The research points out that obligatory insurance covers the high interest objects of insurance protection when the issue of such a protection concerns social interests. That sort of insurance is possible only if it is impossible to gain a relevant effect through the voluntary insurance. The author provides the features of the obligatory insurance distinguishing it from a voluntary form of insurance and emphasizes that obligatory insurance contract, regardless of the public component which is conveyed through the mandatory nature of concluding the contract and standardization of its conditions, is a regulator of private law relations.

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The article studies the features of co-insurance, reinsurance and compulsory insurance contracts in the system of civil law contracts. In particular, it marks that in the context of the economic development of society to advance the legal guarantees of a financial status of insurance organizations, there is a need not only to conclude insurance contracts but also co-insurance and re-insurance contracts. The author defines the co-insurance and reinsurance contracts and also studies the key controversial points of the legal regulation of reinsurance relations. It is stated the co-insurance is one of the ways to share risks caused by the failure for an insurer to accept an insurance object assuming that several insurance companies carry out the same type of insurance. In terms of reinsurance, it is implemented pursuant to the reinsurance contract concluded between an insurer and reinsurer without agreeing with the insuring party. The article also defines and characterizes a compulsory insurance contract as a type of civil law contracts with the help of which the state obliges persons specified in the law to insure certain property interests. The research points out that obligatory insurance covers the high interest objects of insurance protection when the issue of such a protection concerns social interests. That sort of insurance is possible only if it is impossible to gain a relevant effect through the voluntary insurance. The author provides the features of the obligatory insurance distinguishing it from a voluntary form of insurance and emphasizes that obligatory insurance contract, regardless of the public component which is conveyed through the mandatory nature of concluding the contract and standardization of its conditions, is a regulator of private law relations.

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Available abstract

The article studies the features of co-insurance, reinsurance and compulsory insurance contracts in the system of civil law contracts. In particular, it marks that in the context of the economic development of society to advance the legal guarantees of a financial status of insurance organizations, there is a need not only to conclude insurance contracts but also co-insurance and re-insurance contracts. The author defines the co-insurance and reinsurance contracts and also studies the key controversial points of the legal regulation of reinsurance relations. It is stated the co-insurance is one of the ways to share risks caused by the failure for an insurer to accept an insurance object assuming that several insurance companies carry out the same type of insurance. In terms of reinsurance, it is implemented pursuant to the reinsurance contract concluded between an insurer and reinsurer without agreeing with the insuring party. The article also defines and characterizes a compulsory insurance contract as a type of civil law contracts with the help of which the state obliges persons specified in the law to insure certain property interests. The research points out that obligatory insurance covers the high interest objects of insurance protection when the issue of such a protection concerns social interests. That sort of insurance is possible only if it is impossible to gain a relevant effect through the voluntary insurance. The author provides the features of the obligatory insurance distinguishing it from a voluntary form of insurance and emphasizes that obligatory insurance contract, regardless of the public component which is conveyed through the mandatory nature of concluding the contract and standardization of its conditions, is a regulator of private law relations.

Key concepts: Reinsurance, Insurance law, Insurance policy, Casualty insurance, General insurance, Property insurance, Business, Bond insurance

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