Issues of Subrogation Rules in Personal and Property Insurance According to the Development Concept for the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts

At the current stage of development of Russian legislation regulating insurance legal relations, one can hear doubts about the strict differentiation of personal and property insurance and observe attempts to determine whether insurance should be divided into personal and property insurance or whether it is more expedient to combine them, since there are types of insurance that are difficult to attribute to a specific type in this classification. The need to analyze insurance legal relations is due to the fact that, with the development of legislation towards the unification of all types of insurance, it is advisable to consider the legal fate of subrogation, which, as is known, is the right of the insurer’s reverse claim to the causer of harm, and its appearance is possible only in property insurance. Thus, the article considers the likelihood of the insurer applying a subrogation requirement in personal insurance when an insured event occurs as a result of malicious actions of a third party against the policyholder and (or) the insured person.

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Publication Details

Journal
Business law
Published
2024-10-24
DOI
https://doi.org/10.18572/1999-4788-2024-4-17-21
Primary Topic
Legal and Policy Issues
Type
article
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article

Issues of Subrogation Rules in Personal and Property Insurance According to the Development Concept for the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts

Marianna V. Markina
Business law
Legal and Policy Issues
article

Issues of Subrogation Rules in Personal and Property Insurance According to the Development Concept for the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts

Marianna V. Markina
article en

Abstract

At the current stage of development of Russian legislation regulating insurance legal relations, one can hear doubts about the strict differentiation of personal and property insurance and observe attempts to determine whether insurance should be divided into personal and property insurance or whether it is more expedient to combine them, since there are types of insurance that are difficult to attribute to a specific type in this classification. The need to analyze insurance legal relations is due to the fact that, with the development of legislation towards the unification of all types of insurance, it is advisable to consider the legal fate of subrogation, which, as is known, is the right of the insurer’s reverse claim to the causer of harm, and its appearance is possible only in property insurance. Thus, the article considers the likelihood of the insurer applying a subrogation requirement in personal insurance when an insured event occurs as a result of malicious actions of a third party against the policyholder and (or) the insured person.

Business law
Peace, Justice and strong institutions
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Legal and Policy Issues
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Issues of Subrogation Rules in Personal and Property Insurance According to the Development Concept for the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts — Marianna V. Markina · Business law (2024) | TGRS Research Map | TGRS