Zakres odpowiedzialności PZU z ustawowego ubezpieczenia odpowiedzialności cywilnej rolników
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Date
1983
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Scope of liability of the national insurance office in a statutory farmers' liability insurance
Abstract
In the article the author discusess scope of liability of insurance institution
in a statutory farmers' liability insurance. The iliaibility insurance of farmers was
introduced in Poland in 1975 as a statutory insurance. Beside a transportation
liability insurance, it became the second statutory civil liability insurance. For this
reason the regulation of those two- insurances is often compared in the article.
Presently, the farmers' liability insurance is regulated by the order of the
Council of Ministers of 24 Feb. 1978 (Journal of Laws No 28, entry 145). Various
provisions of this norm-setting act may create difficulties in interprétation. Several
problems have to be therefore dealt with, in particular the problem defined in
a title of this article. In the first instance the author indicates a group of persons
whose responsibility is covered by the insurance. These are: a farmer, his "near
persons" (i.e. linked with the person concerned by kinship or a special- relationship,
annot. by transl.), persons employed in a farm run by the farmer concerned.
A problem of covering contractual liability of an injuirer with the civil liability
insurance is also discussed. Other remarks are touching on a question of insurance
institutions exclusion of liability as provided in § 5 of the cited order of the
Council of Ministers. In the last paragraphs the author discusses the problems of
damage assessment and fixing the amount of indemnity due to an injured person
from an insurer.
The article brings forth several critical remaste on the legal regulation of
civil liability insurance of farmers. The author is drawing also certain de lege
ferenda conclusions. In the resumption, a justness of applying the farmers' liability
insurance as the statutory one is questioned by the author.
Description
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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 45, 1983, z. 2, s. 41-58
Seria
ISBN
ISSN
0035-9629