Sığorta haqqının vaxtında ödənilməməsinin hüquqi nəticələri: de lege lata və de lege ferenda aspektindən baxış

The article highlights the role and importance of the timely payment of insurance premiums within insurance relations. It also distinguishes between two forms of legal consequences arising from the non-payment of insurance premiums on time: first, the legal consequences that occur when the insurance event takes place while the premium has not been paid in due time; and second, the legal consequences that arise when the insurance event does not occur under the same circumstances. The article further emphasizes that, in regulating these relations, the legislator has, in certain cases, failed to adhere to the fundamental principles of civil law as well as to approaches aimed at the protection of policyholders, and has not taken into account advanced foreign practices. This has led to contradictory regulations and, in some instances, insufficient protection of the legitimate interests of policyholders. For this reason, the article analyzes insurance legislation both from the perspective of de lege lata (the analysis of the existing legislation which either insufficiently or not at all meets the current needs) and de lege ferenda (the presentation of proposals aimed at establishing the desired and necessary regulation). Nevertheless, the authors acknowledge that the binding legal effect of de lege ferenda is only possible if adopted by the legislator, and therefore put forward a number of proposals. These proposals include the repeal of Article 903.6 of the Civil Code, the revision of Articles 900.1.6, 903.5, and 935.1.9 in a new version, as well as the introduction of a new Article 935.1.8-1 and the addition of a “Note” section to Article 935 of the same Code. The proposals in question are conceptually substantiated through the legal analyses provided in the article. Keywords: insurance law, insurance relations, insurance contract, insurance coverage, insurance premium, insurance payment, de lege lata, de lege ferenda.