Form of insurance contract

In Serbian positive law, an insurance contract is a formal legal transaction: for it to be valid, it must be concluded in the form prescribed by law. There are a few exceptions to this rule. This paper first addresses general issues related to the contract form, including the concept of form, the nature of formal contracts, the various manifestations of form, the concept of mandatory or constitutive form, and what are the legal consequences of non-compliance with it, what is the principle of form parallelism, and what is the purpose of form in modern society. The second part of the paper focuses on the legal form of the insurance contract under the law of the Republic of Serbia. It first examines the fundamental case of the legally prescribed constitutive form of the insurance contract, followed by an examination of a specific legal provision that allows the contracting parties to agree upon a real form for the contract.

Authors

Institutions

Publication Details

Journal
Tokovi osiguranja
Published
2025-01-01
DOI
https://doi.org/10.5937/tokosig2501007k
Citations
1
Primary Topic
Law, logistics, and international trade
Type
article
Field-Weighted Citation Impact
3.91
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Form of insurance contract

Mirić Karanikić
1 citations
Tokovi osiguranja
Law, logistics, and international trade
3.91
article

Form of insurance contract

Mirić Karanikić
article en
1 citations

Abstract

In Serbian positive law, an insurance contract is a formal legal transaction: for it to be valid, it must be concluded in the form prescribed by law. There are a few exceptions to this rule. This paper first addresses general issues related to the contract form, including the concept of form, the nature of formal contracts, the various manifestations of form, the concept of mandatory or constitutive form, and what are the legal consequences of non-compliance with it, what is the principle of form parallelism, and what is the purpose of form in modern society. The second part of the paper focuses on the legal form of the insurance contract under the law of the Republic of Serbia. It first examines the fundamental case of the legally prescribed constitutive form of the insurance contract, followed by an examination of a specific legal provision that allows the contracting parties to agree upon a real form for the contract.

Tokovi osiguranjaVol. 41(2)
University for Business and Technology (XK)
Openalex Percentile: Top 6%
Law, logistics, and international trade
3.91
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.