Object of insurance - property interests that do not contradict the law and which may be insured or subject to insurance [1] [2] .
Content
The concept of the insurance object
In property insurance, the object of insurance is interests related to the ownership and disposal of property, their legitimacy in property insurance contracts is determined by law, contract or other legal grounds. If there is a conflict of interests of the owner and another person (or group of persons) having property rights in relation to the insured property interest, the legality of the latter as an insurance object is determined by the obligation to bear risk during the validity period of the insurance contract .
In liability insurance, the object of insurance is property interests related to the reimbursement by the policyholder of the harm caused to him by the person or property of an individual, as well as damage caused to a legal entity .
In personal insurance, these are property interests related to health, life, working ability, and pensions, including temporary or permanent decrease in income or additional expenses due to loss of working ability, health disorder, or death. In personal insurance contracts concluded on third party insurance, the legitimacy of a property interest arises from legal relations between the insured and the insured , which are regulated by family, labor law or in other cases stipulated by law.
Legal Basics
It is property interest that is indicated as an object of insurance in all regulatory acts of the Russian Federation. For example, the Civil Code of the Russian Federation (Ch. 48, Art. 928) lists interests whose insurance is not allowed (unlawful interests, losses from games, lotteries and bets, expenses for the purchase of hostages) [3] . Article 929 of the Civil Code lists property interests that can be insured under a property insurance agreement (“risk of loss (loss), shortage or damage to certain property; risk of liability for obligations arising from harm to life, health or property of others, and in cases stipulated by law, also liability under contracts - civil liability risk; risk of losses from entrepreneurial activity due to violation of their obligations by counterparties of Tell or changes in the conditions of the activity does not depend on the circumstances of the entrepreneur, including the risk of non-receipt of expected income - business risk ") [3] . And article 942, listing the essential terms of the insurance contract, first of all indicates that an agreement must be reached between the insured and the insurer "on a certain property or other property interest that is the object of insurance" [3] . How property interests are interpreted by the insurance object and the law “On the organization of insurance business in the Russian Federation”
Article 4. Objects of insurance
- Personal insurance objects may be property interests related to:
- with the survival of citizens up to a certain age or period, with death, with the onset of other events in the life of citizens (life insurance);
- causing harm to life, the health of citizens, the provision of medical services to them (accident and illness insurance, medical insurance).
- The objects of property insurance may be property interests related, in particular, to:
- ownership, use and disposal of property (property insurance);
- the obligation to indemnify the harm caused to other persons (liability insurance);
- entrepreneurial activity (insurance of entrepreneurial risks).
- Insurance of unlawful interests, as well as interests that are not unlawful, but insurance of which is prohibited by law, is not allowed.
- Unless otherwise provided by federal law, insurance is permitted for objects relating to different types of property insurance and (or) personal insurance (combined insurance).
- In the territory of the Russian Federation, insurance (with the exception of reinsurance and other cases provided for by federal laws) of the interests of legal entities, as well as individuals - residents of the Russian Federation may be carried out only by insurers who have licenses obtained in the manner prescribed by this Law [4] .
Links
- Object and subject of insurance. Kuminova V. N. Legal support of professional activities, St. Petersburg, 2010
- About the insurance object B. S. Shats, Ph.D., “Legal and legal work in insurance”, 2006, N 2
- Romashova T.V. Object and subject of a financial risk insurance contract for the purchase and construction of housing // Young Scientist. - 2011. - No. 8. T.2. - S. 59-65.
Notes
- ↑ Efimov S.L. Insurance Object // Economics and Insurance: Encyclopedic Dictionary . - Moscow: Zerich-PEL, 1996 .-- S. 249. - 528 p. - ISBN 5-87811-016-4 .
- ↑ Object of insurance // Glossary of insurance terms used in insurance operations related to housing mortgage lending (housing finance). - Moscow: IFC, 2007 .-- S. 33 .-- 72 p.
- ↑ 1 2 3 Civil Code of the Russian Federation (Civil Code) of 01/26/1996 N 14-ФЗ
- ↑ Law of the Russian Federation of November 27, 1992 N 4015-I “On the organization of insurance business in the Russian Federation”