Insurance law is one of the branches of law that arose in connection with the need for legal consolidation of relations between the insured and the insurer. Before establishing the subject and method of regulation of this industry, it is necessary to define the concept of "insurance".
This is a relationship aimed at protecting the interests of individuals and legal entities of the Russian Federation or constituent entities of the Russian Federation, its municipal entities that arose in connection with an insured event at the expense of cash funds formed by insurers from insurance premiums and other funds.
The specificity of insurance relations is that they arise on the basis of the law of probability, since insurance companies provide insurance coverage for events that, although they may occur, when and where they occur, what damage will be caused is not known.
The concept
Insurance law - a system of rules created to regulate relations for the formation of funds and their use from the insurance fund to protect the property interests of individuals and legal entities through compensation for damage arising from the occurrence of an insurance event or other pre-determined event that had a negative effect on personal and property sphere of the insurer.
Insurance law subject and methods
This is such a public relationship that arose between the insured and the insurer in connection with the implementation of insurance and protection for it.
Insurance law combines imperative and dispositive methods. So, for example, the imperative method (mandatory execution of requirements) is used in part 1 of article 390 of the Civil Code, which contains the norm that an insurance contract must be drawn up in writing. The dispositive method (there is a choice) 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.
System
The insurance law system consists of 2 parts: general and special. The first contains the norms created for the regulation of all insurance law institutions: terms, principles, licensing of insurance activities, its state regulation. The second includes the regulation of certain types of insurance:
- entrepreneurial risks ;
- property;
- personal;
- bank deposits;
- medical
- and etc.
Insurance law and its principles
These include:
- 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 cannot be objects of insurance . The list of interests for which insurance is not allowed is listed in Article 928 of the Civil Code;
- risk insurance. Payments are made for the insured event that may not occur;
- equivalence. Over a certain period of time, economic equality of the amount of insurance premiums and the amount of compensation paid after the insured event should be achieved;
- the highest confidence of the parties. Means that at the conclusion of the contract they must disclose all circumstances that may be relevant;
- insurance compensation payments. This means that the insurer must indemnify in the amount of the actual loss caused, that is, return the insured to the victim in the original financial position;
- the existence of a causal relationship between the loss and the event that caused it. It is most important when redressing damage. The consequences should occur as a result of the insured event.
Sources
Insurance law is based on legal acts of various levels. Sources: Constitution, Civil Code, Law “On the organization of insurance business in the Russian Federation”, government decrees, presidential decrees and others.