ARCHIVE FOR 2011 RUSSIAN
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Апрель 2011
CONTENT
INTERVIEW OF THE ISSUE
ON COURT
S.V. Dedikov The institute of abandon in the area of general civil insurance The article touches upon the right of the insurant or beneficiary under a contract of property insurance, in case of loss or damage to refuse thereof in favor of the insurer in order to get insurance indemnity at the amount of the full amount at risk. The legal nature of such institute is considered as an unilateral transaction and a special method of targeted transfer of the ownership to another person as well as various complicated issues of application of abandon in practice.
Keywords:
abandon, refusal of insured property, constructive loss of property, unilateral transaction, special method of targeted transfer of the ownership
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V.M. Bartosh Particularities of compulsory state insurance in relation to conditionally insured persons The national insurance law, in particular, the law on compulsory state insurance of life and health of military people brungs into practice a subject not being the insured but which however is deemed insured during a certain period of time. There are significant difficulties in understanding of provisions of the law governing fulfillment of the insurance obligation in relation to such subject. The article analyzes the main approaches developed in practice which are associated with determination of the subject providing insurance protection to a conditionally insured persons and actual events to be deemed an insurance event.
Keywords:
compulsory state insurance, insurance of life and health of military people, insurance event, deferred harm, conditionally insured person
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V.V. Rassokhin Problems of legal regulation of compulsory insurance of civil liability This material analyzes the main legal matters of compulsory insurance of civil liability. Significant attention is paid to problems identified in the course of application of provisions of effective laws on insurance of civil liability. The author considers examples of the court practice and makes a suggestion on improvement of effective laws.
Keywords:
contract of insurance of civil liability, injured person’s claim, indemnification of harm
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I.N. Aksenov Impossibility of application of subrogation at insurance of liability: economic and legal aspects The article touches upon one of the most complicated and discussed issues of property insurance – the possibility of application of subrogation at insurance of liability. The author justifies the unambiguous impossibility of application of subrogation at insurance of liability from the point of view of both the economic and legal component of insurance protection proposing to impose the functional of subrogation in this type of property insurance on the institute of regress.
Keywords:
subrogation, liability insurance, insurance protection, regress
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M.L. Krasnobaeva Problems of insurance of pledged property The article describes the problem of property insurance in favor of the pledge holder. Does the pledge holder have its own insurance interest in relation to property and is it entitled to get insurance indemnity in case of loss or damage of a thing?
Keywords:
insurance interest, insurance contract, beneficiary
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ANALYTICS: SPEAKER’S CORNER
L.N. Klochenko, M.A. Kondrashkova Agreements between insurance and credit organizations: legal regulation, limits of admissibility and law enforcement practice The article touches upon legal regulation of agreements between insurers and banks, analysis of the admissibility limits of certain types of agreements, legal forms of state control, studies the procedure for separation of competence of supervisory authorities, limits and methods of control, describes the law enforcement practice.
Keywords:
agreements, insurance organization, bank, limits of admissibility, separation of competence of supervisory authorities
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE
FACES OF COURT
