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The subject of social insurance law

Author(s): Radosław Pacud
Subject(s): Civil Law
Published by: Uniwersytet Opolski
Keywords: social insurance; social risk; contributory obligation; insurance protection obligation

Summary/Abstract: The subject of social insurance law has a thematic scope, which can be variously defined and thus not uniformly used in jurisprudence. The subject of social insurance law should be distinguished from the subject of social insurance. In the definition of the subject of social insurance law, the role of contributions that distinguish insurance systems from social security systems needs to be taken into account. Apart from the contributions, the number of subjects in the social insurance law equates with the number of legally defined benefits. The thematic scope of the subject of social insurance law should be determined according to the catalog of social risks secured by social insurance law. While noting the subject of insurance law in the context of diversified rights of certain categories of entities, the subject of social insurance law should be combined with the subject of abstractive legal relations in the field of social insurance. Therefore, the subject of social insurance law is the corresponding contributory obligation and protection obligations in the scope of social risk defined by this branch of law.

  • Issue Year: XVI/2018
  • Issue No: 3
  • Page Range: 21-33
  • Page Count: 13
  • Language: Polish