Insurance law is one of the branches of law that arose in connection with the need for legal consolidation of the relationship between the insured and the insurer. Before determining the subject and method of regulating this industry, it is necessary to define "insurance".
This relationship aimed at protecting the interests of natural persons and legal entities of the Russian Federation or subjects of the Russian Federation, its municipal entities, arising in connection with the insured event due to monetary funds formed by insurers from insurance premiums and other funds.
The specificity of insurance relations lies in the fact that they arise on the basis of the law of probability, since insurance companies provide insurance protection for events that, although they may occur, but when and where they occur, what damage will be caused is not known.
The concept of
The insurance law is a system of norms created to regulate relations on the formation of monetary funds and their use from the insurance fund to protect the property interests of individuals and legal entities by compensating for harm caused by the occurrence of an insured event or other predetermined event that has had a negative effect on personal and Property sphere of the insurer.
Subject of insurance law and methods
These are such social relations that arose between the insured and the insurer in connection with the implementation of insurance and protection for it.
The insurance law combines imperative and dispositive methods. So, for example, the imperative method (compulsory execution of prescriptions) is used in Part 1 of Article 390 of the Civil Code, which contains the norm that the insurance contract must necessarily be in writing. The discretionary method (it is possible to choose) is used, for example, in part 3 of article 943 of the Civil Code, where it is indicated that the parties to the contract can agree on changes to certain provisions in the insurance rules.
The system of insurance law consists of 2 parts: general and special. The first contains the norms created for the regulation of all institutes of insurance law: terms, principles, licensing of insurance activities, its state regulation. The second includes the regulation of certain types of insurance:
- Business risks ;
- Bank deposits;
- and etc.
Insurance law and its principles
- Availability of insurance interest. It must be at the conclusion of the contract or at the time of the insured event. The risk of liability and loss of property can not be objects of insurance . The list of interests in which insurance is not allowed is listed in art. 928 of the Civil Code;
- Risk insurance. Payments are made for an insured event that may not occur;
- Equivalence. For a certain period of time, the economic equality of the amount of insurance premiums and the amount of compensation paid after the insured event must be achieved;
- The highest confidence of the parties. It means that at the conclusion of a contract they must disclose all the circumstances that may matter;
- Payment of insurance compensation. This means that the insurer must compensate the damage in the amount of the actual loss incurred, that is, return the injured insured to the original financial position;
- The existence of a causal link between the loss and the event that caused it. It is the most important in compensation of damage. The consequences should come as a result of the insured event.
The insurance law is based on legal acts of various levels. Sources: Constitution, Civil Code, Law on the Organization of Insurance in the Russian Federation, government decrees, presidential decrees and others.