INSURANCE OF ASSETS REGULATED BY SPECIAL LAWS
Journal Title: Challenges of the Knowledge Society - Year 2015, Vol 5, Issue 0
Abstract
Within the introduction the paper analyzes the main legal hypotheses which may bring into question the binding nature of the insurance. The provisions of the Law no. 136/1995 (Art. 3) provide that, the legislator understands that, it is of binding nature the insurance that materializes through an agreement in which the rights and obligations of the parties shall be established by law. Since the parties are “forced” by the law to conclude the respective agreement, the law also establishing the content of the legal relationship of obligations as well as the sanction for the non-conclusion of the agreement by the potential insured and by the insurer, the agreement is classified as a forced agreement. In the legal field regarding assets insurance such an example is the mandatory home insurance against earthquakes, landslides and floods. However, the legislation also comprises provisions that lead to the mandatory conclusion of an insurance agreement without establishing, by the law, the rights and obligations of the parties. In such cases, the relationships between the parties are going to be established when the agreement is concluded, according to each insurer, based on certain (adhesion) agreements. For the insurer these insurances are always optional, without sanctioning the refusal of the conclusion. The mandatory conclusion relates only to the insured and exclusively regards the conclusion of the insurance agreement, which maintains the nature of the adhesion agreement and does not acquire the nature of a forced agreement. The article analyzes the main special regulations regarding the mandatory insurances of assets, insisting on the mandatory home insurance against earthquakes, landslides and floods, the property insurance subject to mortgage loan agreements and the insurance of assets subject to leasing contracts. The final part of each section presents the conclusions regarding the type of insurance analyzed.
Authors and Affiliations
Matei DĂNILĂ
Keywords
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