Legal regulation of property insurance and law enforcement problems

Abstract

In the context of modern economic and legal reality, property insurance plays an important role in civil-law relations. For the present, Russian citizens, individual entrepreneurs and commercial entities witness an increasing need for a firm guarantee of protection of property interests linked with performing different types of activities and as well with maintaining a certain standard of living. Analysis of legislation in force reveals some gaps in the legal regulation of insurance institutions as a whole as well as a property insurance contract in particular, that conditions much judicial conflict and occurrence of errors in law enforcement that impact negatively on the protection of legal rights and interests of insurance relations participants. Legal research of law in force, theoretical understanding and relevant judicial practice in the matters of property insurance regulation along with possible identification of existing problems and formulation of proposals on legislation improvement. The methodological base for the present research is represented by a set of general scientific and specific scientific methods of research activities, including a historical method, a method of formal logic, a method of system analysis, a research method, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification and as well an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that provisions of Chapter 48 of the Civil Code of the Russian Federation must be completed with a separate norm on financial risk insurance as it is the case with property insurance, third-party liability insurance (damage liability insurance, contractual liability insurance) and entrepreneurial risk insurance in parallel with pointing out an object of insurance and cases when the conclusion of the mentioned contract is required. The authors prove the necessity to qualify the reinsurance contract as the property contract in line with other types thereof named in Article 929 of the Civil Code of the Russian Federation.