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Voluntary and compulsory motor insurance contracts in perspective of their improvement in the Republic of Moldova


Author: Sicinski Constantin
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2019
Scientific adviser: Boris Sosna
doctor, associate professor (docent), Institute of History of the ASM
Institution:

Status

Term of presenting of the thesis 2 July, 2019

Abstract

Adobe PDF document0.64 Mb / in romanian
Adobe PDF document0.60 Mb / in romanian

Thesis

CZU 347.763(478)(043.3)

Adobe PDF document 3.66 Mb / in russian
213 pages


Keywords

voluntary motor insurance, compulsory motor insurance, fully comprehensive insurance (CASCO), CTP insurance, Special insurance conditions, insurance police, insurance premium, insurance compensation, damage, injured party

Summary

Dissertation’s structure: the summary (in three languages), the list of abbreviations, Introduction, 3 Chapters, General conclusions and suggestions, Bibliography composed of 258 references, 5 Annexes, List of abbreviations, 174 pages of basic text. The results of this research have been published in the form of 10 scientific articles. The field of research: Civil Law: contractual relationships, risen from the comprehensive motor insurance and civil liability insurance in respect of the use of the motor vehicle.

The purpose of research is to succeed a comprehensive scientific analysis of the fully comprehensive motor insurance contract and the CPT insurance contract and to propose suggestions on the improvements in legal regulations of the motor insurance relationships in the Republic of Moldova.

The tasks of research: to analyze the doctrine, regulatory sources and law enforcement practice in the field of insurance; to make a comparative legal analysis of the content of the institute of auto insurance in relation to other types of insurance; to disclose the essence and legal nature of the fully comprehensive motor insurance contract; to make a comparative legal analysis of the legal purpose, features, elements and essential terms of the fully comprehensive motor insurance contract and the CPT contract; to study the legal status of subjects of motor insurance legal relations, the concepts of insured risk and insured events, the rules and procedures for calculating insurance premiums and insurance compensation; to make a comparative legal analysis of the essential and specific conditions of the fully comprehensive motor insurance contract and the CPT insurance contract, of their form and the prodeure of their concluding; to determine the procedure for actions of auto insurance contract subjects before and after the occurrence of the insured event, and to identificatie the problems arising during the execution of motor insurance contracts and to develop the ways of their solving; to determine the possibility of applying by analogy / implementation of the legal rules governing the CTP contract to the the fully comprehensive motor insurance contract; to formulate the theoretically based and practically applicable proposals for making specific changes to the national legislation governing motor insurance.

The solved scientific problem consists in the determination and scientific foundation of the common traits and specifics of the fully comprehensive insurance contract and the CPT insurance contract.As a result, it creates a theoretical base for the development of suggestions on the improvements in legal regulations of the fully comprehensive insurance contract (CASCO), by the implementation in this system of the respective legal regulations referred to the CPT insurance contract.

The theoretical significance is determined by the author's integrated approach to the research of the problems of the legal regulation of motor insurance in Republic of Moldova, by the systematization of the results of scientific thought existing both in the Republic of Moldova and in some foreign countries in the field of the motor insurance and also by the formulating new notions, ideas and hypotheses that create a theoretical base for suggestions on the improvements in legal regulations of motor insurance in Republic of Moldova.

The practical significance: the conclusions and materials of this research can be used several ways as propositions to improve legal regulations of property insurance; as a ‘guide’ of a sort for fully comprehensive motor insurance services consumers; as a theoretical base in researches concerning norms of civil legislation, regulating legal relations connected with fully comprehensive motor insurance; as a systematic methodological interpretation of legal norms regulating relations in motor insurance field; as a theoretical manual in teaching process.

Implementation of the scientific results: several theoretical and practical points of the thesis were presented by the author and discussed at national and international scientific conferences, and research materials have been introduced into the educational process in the preparation of law students of the Slavonic University of Moldova. In addition, all suggestions for complementation and ammedments to the insurance legislated formulated in base of this research have been presented to Parlament and Ministry of Justice, that have found that these ammendments “are of interest for the legislation modernisation”.