LEGAL DESCRIPTION CONTRACT OF COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 56, Issue 2
Abstract
We investigate the legal description of the contract compulsory insurance of civil liability of vehicle owners. Analyzes current legislation stipulates a contract of compulsory insurance of civil liability of owners of vehicles is one of the mandatory contracts. However, the legislation is not fixed definition of contract compulsory insurance of civil liability of vehicle owners, but only enshrined general definition of an insurance contract in the Civil Code and the Law of Ukraine «On insurance», which is not fully disclose the nature of the treaty. According to Art. 979 of the Civil Code of Ukraine, the insurance contract, one party (the insurer) undertakes, if a certain event (the insured event) to pay the other party (the insured) or other person specified in the contract, the amount of money (insurance payment), and the insurer is committed undertake to pay the insurance premiums, and other contract terms. It should be noted that the Law of Ukraine «On insurance», namely Article 16 gives a better definition of the treaty, namely insurance contract - a written agreement between the insurer and the insurer under which the insurer undertakes in case of insured event to make insurance payment to the insured or other person specified in the insurance contract the insurer to whom the contract of insurance (to provide assistance, perform service, etc.), and the insurer undertakes to pay insurance payments in due time, and other conditions of the contract. However, the legislation is not fixed definition of contract compulsory insurance of civil liability of vehicle owners, but only enshrined general definition of an insurance contract in the Civil Code and the Law of Ukraine «On insurance», which is not fully disclose the nature of the treaty. Thus, analyzing the legislation of Ukraine relating to insurance, such as the Civil Code of Ukraine, Laws of Ukraine «On insurance», «On compulsory insurance of civil liability of vehicle owners», it can be concluded that none of these regulations and legal acts undefined concept contract compulsory insurance of civil liability of owners of vehicles not defined rights and obligations of the parties is specified by the contract. Needs further development and detailed classification of issue of such contract to contract in favor of third parties. Therefore we think that this problem determining the legal description of the contract compulsory insurance of civil liability of owners of vehicles require more detailed study and analysis of the definition of the parties and to obtain compensation for the said contract.
Authors and Affiliations
Anna Buga
Keywords
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