MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA?
Journal Title: Challenges of the Knowledge Society - Year 2016, Vol 6, Issue 0
Abstract
The objective of this study is a synhtetical discussion of the Romanian judicial practice regarding the moral damages in accident insurance(RCA insurance or civil liabilty for cars insurance), with a focus on the objective determination of the prejudice for the affected parts in Court decisions.This effort is motivated by the limitations of the Romanian legislation:arguably, the current judicial practice is not unitary, even within the same Court of Appeal.Judges’ interpretation of the same normative acts and laws in this domain are often different,as well as imprecise.The aim of this study is therefore to identify the common points of view among the various decisions of the Corts of Appeal in Romania regarding moral damages as a result of a car accident, in the cases when cars are being insured with an RCA Policy). The study also aims to determine if different sums of money should be established according to different types of moral prejudicee.g. judicial errors, unlawful privacy of liberty etc.Finally, the study proposes that future accident insurance legislation should include more thorough and concrete enactment of the moral damages aspects.
Authors and Affiliations
Anca-Iulia HÂNC
Keywords
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