Przymus ubezpieczenia na tle projektu ustawy o działalności ubezpieczeniowej i reasekuracyjnej
Obligation to have insurance in the context of the Insurance and Re-insurance Activity Bill

Summary/Abstract: This paper aims to show that the dichotomous division of insurance into voluntary and compulsory, as adopted in the Insurance Activity Act of 2003, is not reflected in the current legal system. Under Ar- ticle 12(2) of the 2003 Act only insurance covered by the Compulsory Insurance Act (CIA) of 2003 is deemed compulsory insurance. However, the current law has established a wide category of insurance that is not covered by the CIA but which may not be considered voluntary. The divergence of the legal situation with the dichotomous division of insurance into voluntary and compulsory will be maintained in the years to come unless the proposed Insurance and Re-insurance Activity Act brings about some changes in this regard. Therefore, the author calls for re-wording the Insurance and Re-insurance Activity Act to extend its scope of application, originally covering only voluntary insurance, onto all categories of coverage that show features of compulsory insurance.

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