Ubezpieczenie pojazdów samochodowych od uszkodzeń (auto-casco) po zmianach legislacyjnych
Loading...
Date
1982
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Automobile Insurance Against Damage (auto-casco) after changes in the Legislation
Abstract
The article presents changes in legislation effected by the Order of Council
of Ministers of Nov. 30th, 1981 on the compulsory traffic insurances (Law Gazette
— Dz. U. nr 30, section 166) and concerning the "auto-casco" insurance. One of the essential modifications brought about by the new regulation consists in abandoning
the application of exemptions of the liability of insurance company for
damage incurred in the situations when a vehicle is driven by a dependent holder.
When a car accident happens at the above described situation, the title of the
independent holder of the vehicle to indemnification is not exempted. The new
order on the compulsory traffic insurances brings also about a substantial change
of the character of car insurance against damage. The insurance remained in the
category of statutory insurances (originating ex lege), but at a same time became
non-compulsory. The vehicle holder can be exempled from that insurance on submitting
an appropriate statement and paying the insurance premium for the statutory
and obligatory accident and liability insurances. Further changes of the former
regulation concern such various questions as the range of "auto-casco" insurance
application, the scope of insurance protection, the scope of the liability for
damage of the insurer and rates policies. The essential and original changes are
subjected to the detail analysis in the article. Many of the new solutions applied
in the Order of 1981 can improve the insurance protection and compensation of
vehicle damage. On this account the new legislation has to be approved. The
author also indicates at the lack of precise wording in some of the regulations.
The Order of Council of Ministers on the compulsory traffic insurances is a long
step forward in the legislation but it can still effect many interpretational controversies.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 4, s. 67-84