I. EDITORIAL BAAR – „CUTIA NEAGRĂ” A DESPĂGUBIRILOR RCA. ÎNTRE GARANŢIA LEGALĂ ŞI STRATEGIA DE UZURĂ PROCESUALĂ
I. EDITORIAL BAAR - THE "BLACK BOX" OF MTPL CLAIMS. BETWEEN THE LEGAL GUARANTEE AND THE STRATEGY OF PROCEDURAL ATTRITION

Summary/Abstract: In the field of motor insurance, BAAR stands at the intersection of two logics that structurally tend to come into conflict. The first is the professional logic of an association of members—comprising all insurers authorized in the MTPL market—focused on managing collective financial risk. The second is the functional logic of a guarantee mechanism aimed at protecting the injured third party. In practice concerning the obligation to pay compensation, BAAR is treated alternately either as a “substitute insurer” or as a last‑resort guarantor, with heightened obligations of diligence, transparency, and institutional neutrality.

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