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Conceptualization and application in the field of the institution of road transport insurance


Author: Dodon Sergiu
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: Violeta Cojocaru
doctor habilitat, professor, Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 25 October, 2019
Approved by NCAA on the 6 December, 2019

Abstract

Adobe PDF document – 0.93 Mb / in romanian

Thesis

CZU 347.426:343.346 (043.3)

Adobe PDF document 3.62 Mb / in romanian
185 pages

Keywords

insurance, premium of insurance, assured case, damage, harm, assessment, survey, compensation, indemnity, value difference, penalty

Summary

6 ANNOTATION DODON Sergiu, „CONCEPTUALIZATION AND APPLICATION IN THE FIELD OF THE INSTITUTION OF ROAD TRANSPORT INSURANCE”, Doctor’s thesis in law, Chisinau, 2019. The structure of the thesis: introduction, 3 chapters, general conclusions and recommendations, bibliography of 183 titles, 8 anexes, 140 pages of basic text. The results obtained were published in 7 scientific papers. Key-words: insurance, premium of insurance, assured case, damage, harm, assessment, survey, compensation, indemnity, value difference, penalty. The purpose of this doctoral thesis is the scientific study of the concept of insurance compensation in the field of road transport by reconciliation of legal practice, legislation in force and doctrine in order to determine the concept of insurance compensation and its Co-report with the damage caused. The research is based on the following goals: multidisciplinary research of the definition of insurance claims formulated in legislation and in doctrine by determining the legal nature of insurance compensation; determining the importance and role of insurance indemnification in the field of road transport as a part of insurance relationships based on the theory of subjective insurance interest and the theory of objective insurance interest; determination of the liability for insurance compensation; research into the legal nature of the insured risk and case; description of the co-report between the injury caused and insurance compensation; promotion of the single model for the calculation of insurance compensation. The scientific novelty and originality: it is a pertinent analysis of the problem regarding the repair of the real damage caused by road accidents and its correspondence with the amount of the unsurance compensation paid to the injured persons or to the beneficiaries of compensation, by establishing procedure. The important scientific issue being solved consists in formulating the concept of the insurance compensation institution in the field of road trasnport, from a double perspective – theoretical and practical, including all the factors with a decisive impact on the correct and rapid calculation of the insurance compensation amount necessary to be paid by the insurer to the beneficiary in such a way as to fully compensate for the damage suffered by him. The theoretical significance consists of the theoretical approaches formulated by the author focusing on forming a unitary view of the domestic legal system with regard to the payment of insurance indemnity as close as possible to the reparation of the actual damage caused by the occurrence of the injured case in the law system of the Republic of Moldova. The applicative value of the thesis consists in the contribution made by the author to the development and harmonization of the legislation of The Republic of Moldova in the field of compulsory civil liability insurance for motor vehicle damage as a result of its implementation in practice, for more than 11 years, of the proposals of law ferenda. Implementation of scientific results: The scientific results were presented at scientific conferences and in working groups for amending and completing the Law nr.407 from 21.12.2006 with regard to insurance and the Law nr.414 from 22.12.2006 on compulsory insurance against civil liability for damages produced by motor vehicles, as well as participation to elaborate a mechanism for the cooperation of insurance agents in the field of compulsory civil liability insurance contracts, resulting in the amendment of the legislation in the sense of scientific research undertaken by the author. 7