Legal status of the parties of the contract of civil liability insurance

Abstract

The article is devoted to the study of issue related on the legal status of the parties  of the contract of civil liability insurance. The author describes the basic rights and duties of the parties of the insurance contract.

Rights and duties must be carried out in accordance with a strict established procedure. All the individual terms and conditions may be agreed by the parties in a contract.

Insurer, demanding fulfillment of the obligation by the insured person, must determine the amount of performance. At the same time, the insured person is entitled to demand insurance payment in case of insured event.

But the most characteristic feature of an insurance contract is its belonging to aleatory (risk) contracts, the specificity of which is that depending on the occurrence or non-occurrence of a specified circumstance one party acquires certain property benefits, and the other, on the contrary, incurs costs. An element of risk, assumed by each of the parties of the contract of civil liability, is based on
the likelihood that one or the other party will actually receive counter-satisfaction to a lesser extent than that provided by itself. Thus, the insurer does not know whether he will pay under the contract or not, he also does not know the amount, nor the time of payment, and is in a such state until the until the insured event occurs.

However, the policyholder also bears the risk, since he, while paying insurance payments, is not at all certain that he will ever receive an insurance payment instead.

The main purpose of concluding an insurance contract for the insurer is the desire to regularly receive certain property benefits in the form of insurance payments owed to him (with the hope that he will not have to make the insurance payment of the essay), and for the policyholder - the confidence that in case of accidental harm to his health, property, etc., he will receive adequate financial compensation. But if the policyholder’s obligation to make insurance payments in a time is unconditional, then the obligation of the insurer to make insurance payment arises only if the insured event stipulated in the contract occurs (it should be noted that payment of insurance indemnity is always the fulfillment by the insurer of its obligation under the contract, and not a form of civil liability to the policyholder).

The insurer who has fulfilled the obligations to the policyholder, has the right to apply with the regression order to the third party. However, the right of apply does not arise in all cases.