To the Concept of Insurance Indemnity Under Motor TPL Contracts
- 作者: Duvanov N.Y.1, Pens E.A.1
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隶属关系:
- Plekhanov Russian University of Economics
- 期: 卷 17, 编号 5 (2024)
- 页面: 61-66
- 栏目: Private Law (Civil) Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/635788
- DOI: https://doi.org/10.33693/2072-3164-2024-17-5-061-066
- EDN: https://elibrary.ru/MNLBEZ
- ID: 635788
如何引用文章
详细
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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作者简介
Nikolay Duvanov
Plekhanov Russian University of Economics
编辑信件的主要联系方式.
Email: Duvanov.NY@rea.ru
SPIN 代码: 2779-4319
Cand.Sci.(Law), Associate Professor of the Department of Civil Law Disciplines
俄罗斯联邦, MoscowEldar Pens
Plekhanov Russian University of Economics
Email: psgrupp78@gmail.com
postgraduate student of the Department of Civil Law Disciplines
俄罗斯联邦, Moscow参考
- Badyukov V.F. Fraud risks in insurance and methods of their assessment / V.F. Badyukov, M.Yu. Dendiberya // Business Security. - 2012. - No. 4. - P. 35-38.
- Vasiliev T.N. Motor third-party liability insurance / T.N. Vasiliev, E.S. Grebenshchikov // Finance. 2017. No. 2. P. 28-32.
- Kalashnikova Ya. Yu. Actual problems of legal regulation of the compulsory motor third-party liability insurance institution in the Russian Federation // Science. Society. State. 2017. No. 3 (19). URL: https://cyberleninka.ru/article/n/aktualnye-problemy-pravovogo-regulirovaniya-instituta-osago-v-rossiyskoy-federatsii (date of access: 20.07.2024).
- Sokol, P. V. Compensation for damage caused to the victim's vehicle by organizing repairs under OSAGO: are there any restrictions on the victim's rights? / P. V. Sokol // Human and civil rights: constitutional ideals and modern problems of implementation: Materials and reports of the XIII International scientific and practical conference, Samara National Research University named after academician. S.P. Korolev, September 28 - 01 2017. - Samara: Samara Humanitarian Academy, 2018. - P. 206-214.
- Khmelevsky D.A. Peculiarities of legal regulation of compulsory motor third-party liability insurance as one of the types of liability insurance in Russia: problems and ways to overcome them / D.A. Khmelevsky // Bulletin of the Saratov State Law Academy. - 2016. - No. 1. - P. 110-115.
- Yuzvovich L.I. Principles of organizing motor insurance in the system of functioning of insurance relations in the Russian insurance market / L.I. Yuzvovich, A.S. Melnikov // Modern science-intensive technologies. - 2014. - No. 6 - P. 76-77.