To the Concept of Insurance Indemnity Under Motor TPL Contracts

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Abstract

The present study is devoted to the issue of defining the concept of insurance compensation under contracts of compulsory motor third party liability insurance (hereinafter - CMTPL) in the system of related concepts of CMTPL using the formal-legal method of research. The article considers various approaches of insurance organisations to the concept of insurance indemnity in the context of legal relations in the field of CMTPL insurance, as well as examines the practical problems faced by both professional participants of the insurance services market - insurers, and persons who apply to them, whose property, in particular vehicles, has suffered as a result of damage caused to them by the perpetrators of road accidents. The paper analyses both regulatory legal acts in the field of CMTPL insurance and the practice of insurance organisations in carrying out their obligations under CMTPL insurance contracts in terms of insurance indemnities and related concepts: ‘insurance payments’, “organisation of vehicle repair”, “insurance amounts”, etc. The paper concludes that it is necessary to establish legally the definition of the concept of insurance indemnity, to include in the content of this concept the organisation or payment for repairs within the insurance sum, and to justify the need to increase the terms of insurance indemnity in the form of repairs under CMTPL insurance contracts from thirty to forty-five days.

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About the authors

Nikolay Yu. Duvanov

Plekhanov Russian University of Economics

Author for correspondence.
Email: Duvanov.NY@rea.ru
SPIN-code: 2779-4319

Cand.Sci.(Law), Associate Professor of the Department of Civil Law Disciplines

Russian Federation, Moscow

Eldar A. Pens

Plekhanov Russian University of Economics

Email: psgrupp78@gmail.com

postgraduate student of the Department of Civil Law Disciplines

Russian Federation, Moscow

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