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Voluntary personal insurance contract


Author: Tatiana Mişina
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:2007
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 2 February, 2007
Approved by NCAA on the 19 April, 2007

Abstract

Adobe PDF document – 0.59 Mb / in romanian

Thesis

CZU 347.44:368.9(478)(043.2)=135.1M 79

Adobe PDF document 0.90 Mb / in romanian
165 pages

Keywords

insurer, insurant, insurance beneficiary, insured person, insurance broker, insurance agent, insurance policy, insurable interest, insurance risk, underwriting, reinsurance, insurance tariff, insurance premium, insurance fee, life insurance, annuity, actuarial payments

Summary

Studies, which have been conducted in this paper, represent a complex analysis of the institutional environment, created on the insurance market of Republic of Moldova in the voluntary personal insurance sphere. The whole complex of a legal material, which regulates the activity of insurance organizations, dealing with an accumulative insurance and with other forms of a personal insurance, has been analyzed; the legal nature and the order of a voluntary personal insurance contract and of its variants making, the content of legal insurance relationships and the conditions of carrying out the various forms of a voluntary personal insurance in Republic of Moldova have been determined.

A special attention to the governmental regulation measures in this field has been paid. It is our opinion that namely the state should take the role of an important guarantor of the insurants' legitimate interests protection and of the insurers' financial stability.

In this paper, considering the European integration policy, adopted by Republic of Moldova, the principles of a public and of a private relationship regulation on the insurance markets of European Union member-countries in their evolutional development through EU directives are studied. The current demands to the insurance companies, established in EU member-countries, and which, as we think, can be considered in the insurance legislation of Republic of Moldova as much as possible, have been recognized.

A special attention to the study of a fundamental legal mechanism, regulating the relationships both of property and personal insurance, as the insurance contract is, has been paid.

In this paper, the legal status of members of a voluntary personal insurance legal relationship is studied in detail. It is mentioned that today one of the primary tasks is a clear determination of the insurance intermediates' functions in their relationships with the insurant and with the insurer, taking into consideration the fact that namely through the insurance intermediates' activity the quality of the offered insurance service can be improved.

In the course of this study, it is emphasized that as a basis for a personal insurance serves the voluntary life insurance^ which through a large set of insurance guarantees and of investment services helps people to solve the whole complex of social and economic issues. The opinion is supported that a long-term life insurance is an unique financial tool> the main generator of the long-term investment resources. In the paper, a series of measures for stimulating the long-term life insurance development is proposed, which should consist, above all, in creating a system of guarantees to insurers and to insured citizens concerning the collection of insurance payments under the contracts.

The next traditional forms of a personal insurance, presented in this paper, are accident and disease insurance and voluntary medical insurance. In the course of the study, we came to conclusion that although these types of insurance contracts have been widely adopted in practice, they virtually are not regulated by rules of law. Taking as a base the practical activity of insurance companies, which offer such services on the Moldavian insurance market, we tried to formulate the concepts of these contracts, to recognize their essence, forms and variants. The opinion is supported that there is a need for adopting an independent Law, which would regulate the legal relationships in the voluntary medical insurance sphere.

In the paper, a large number of normative sources is used, which include national and international acts, legislative acts of other countries, examples from the judicial practice, theoretical works of domestic and especially of foreign authors. We are of opinion that as a result of the conducted studies, we succeeded in achieving the initially formulated objects by recognizing the essence of a voluntary personal insurance in its most important aspects.