CTP保险在法律方面:新途径与前景

Y. Ovchinnikova
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引用次数: 0

摘要

本文指出了机动车所有人民事责任保险法律关系中执法问题的现实意义。作者对CTP的经济和法律方面进行了探讨。对司法实践进行了分析,找出了立法上的差距,并提出了适当的改革建议。结论。就其法律性质而言,法律赋予受害者的主观选择权,包括修理车辆(尽管不遵守要求)或拒绝以实物履行保险义务,并不是选择执行方法的机会,执行方法被理解为货币或实物形式的保险赔偿。因此,这类受害者(在俄罗斯联邦登记的车辆所有者的俄罗斯联邦公民)的保险义务不适用于其他受害者。必须在立法中确定明确和详尽的理由,这些理由是关于对某一类受害者(在俄罗斯联邦登记的车辆所有者的俄罗斯联邦公民)提供实物赔偿形式的一般规则的例外。保险义务(除其他事项外,我们正在讨论CTP)和保险赔偿不包括的部分的损害赔偿的法律关系,从法律性质上讲是独立的义务。
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CTP INSURANCE IN THE LEGAL ASPECT: NEW APPROACHES AND PROSPECTS
The article notes the relevance to date of the problems of law enforcement in legal relations on civil liability insurance of vehicle owners. The author touches upon the economic and legal aspects of CTP. Judicial practice has been analyzed, gaps in legislation have been identified, and proposals for making appropriate changes have been made. Conclusions. By its legal nature, the subjective right of choice granted by law to the victim, which consists in repairing the vehicle (despite non-compliance with the requirements) or in refusing to fulfill the insurance obligation in kind, is not an opportunity to choose the method of execution, which is understood as monetary or in-kind forms of insurance compensation. For this reason, the insurance obligation for this category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation) does not apply to alternative ones. It is necessary to establish clear and exhaustive grounds in the legislation, which are exceptions to the general rule on the form of compensation in kind for a certain category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation). The insurance obligation (we are talking, among other things, about CTP) and the legal relationship for compensation of damage in the part in which it is not covered by insurance compensation, are by their legal nature independent obligations.
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