Przedmiotowy zakres stosowania regresu ubezpieczeniowego w systemie ubezpieczeń gospodarczych
Loading...
Date
1973
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
The Objective Range of Application of Regress in the System of Economic Insurance
Abstract
The following article attempts to define the objective range of application of
regress in the system of economic insurance based upon the analysis of regulation
of regress in Polish and other countries' insurance systems and upon the insurance
doctrine and practice. The determination of the range of application of indemnity
principle in various types of insurance has been used as a starting point for the
above mentioned analysis. The consequences resulting from using such principle
have been reflected in the range of application of regress in these types of insurance.
Regress, commonly used in the indemnity benefits, is not used as far as the
non-indemnity benefits are concerned. Differences concerning the application of
regress within a certain limited scope of personal insurance result, first of all,
from the fact that the border-line between insurance compensating and non-compensating
benefits is not always in agreement with the line dividing economic insurance
into property and personal insurance. Varieties of legal regulation of regress
in personal insurance result from different conceptions of the legal nature
of certain types of personal insurance (particularly from personal injury) and from
making them, consequently, fully or partly compensating. Taking into consideration
the purpose of controversial personal insurance and the need of some legal
medium (regress) which would fulfill, first of all, the socially-didactic functions
in preventing accidents caused by third parties, the favourable attitude has been
accepted towards the limited range of using regress as far as some personal compensating
benefits are concerned.
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 35, 1973, z. 2, s. 59-78