ЈАВНИ ПОРЕДАК И УГОВОР O ОСИГУРАЊУ У ЈУГОСЛОВЕНСКОМ ПРАВУ
PUBLIC ORDER AND THE CONTRACT OF INSURANCE IN YUGOSLAV LAW

Summary/Abstract: In Yugoslav law, the insured has been placed lin the original position o£ the person managing the business activities and funds of the community of insurance, as well as the person who is a party to the contract of insurance. In this way, the insured (through the management bodies) determines for himself the conditions of insurance and the amount of premium, combining the characteristics of both the insurer and the insured in one person. This has raised the gestion of whether the intervention of the legislator into the contractual relations of insurance is in order here, ’especially in regard to the suitability of imperative norms. However, irrespective of the original position of the insured, it is evident that the insurance transaction can be transformed from an instrument of protection of the insured from various risks to an instrument of abuse not only oh, part of the insured but also the insurer. There is for this reason a powerful influence of the legislator in Yugoslav law, in the regulation of legal relations of insurance as well as other social and moral norms comprising public order. The influence .of public order is directed at the preservation of the basic aims of the institution of insurance, while its specific features derive from the social, economic and other circumstances to which the business activities of insurance are performed in Yugoslavia. After discussing the concept and elements of public order in the sphere of insurance, the author goes on to study the influence of the public order on the contract of insurance through the establishment of contractual relations, and through their effects. In the phase of entering into the contract of insurance, the influence of public order is already evident in the conditions under which the risk of insurance has been undertaken (uncertainty of event, degree of guilt/responsibility in the causing, of damage, effect of insurance protection on the persons related to the insured etc.), as well as the obligation to accept the offer of the insured, the reporting of the circumstances relevant to the assessment of risk, observance of the principle of fair competition and the oneness of the Yugoslav market. Among the effects of the contract of insurance, the author lays stress on the influence of the public order in the agreement on the clause of loss of rights, in the liability insurance (prohibition of acceptance of liability and compensation), and in the insurance of the person (life insurance of third parties).

• Details
• Contents