Interview of the issue
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V.L. Slesarev
«Qualifying a claim the court does not help any party, but the contributes to the legality and court practice» |
O.A. Kozlova
« Present insurance legislation satisfies requirements of subjects of civil turnover » |
About the court
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Results of work of the Federal Arbitration Court of the Moscow District in 2010 |
Arbitration Court of the Moscow Region |
Analysis of the practice of courts of the Moscow district
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Certain issues of the practice of settlement of disputes associated with application of the Law on OSAGO |
E.A. Petrova
Comments to the overview “Certain matters of the practice of settlement of disputes associated with application of the Law on OSAGO (compulsory motor vehicle liability insurance)” |
Analytics: insurance
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S.V. Dedikov
The institute of abandon in the area of general civil insurance
The article touches upon the right of the insurant or beneficiary under a contract of property insurance, in case of loss or damage to refuse thereof in favor of the insurer in order to get insurance indemnity at the amount of the full amount at risk. The legal nature of such institute is considered as an unilateral transaction and a special method of targeted transfer of the ownership to another person as well as various complicated issues of application of abandon in practice.
Key words: abandon, refusal of insured property, constructive loss of property, unilateral transaction, special method of targeted transfer of the ownership
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A.A. Solovyev
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V.M. Bartosh
Particularities of compulsory state insurance in relation to conditionally insured persons
The national insurance law, in particular, the law on compulsory state insurance of life and health of military people brungs into practice a subject not being the insured but which however is deemed insured during a certain period of time. There are significant difficulties in understanding of provisions of the law governing fulfillment of the insurance obligation in relation to such subject. The article analyzes the main approaches developed in practice which are associated with determination of the subject providing insurance protection to a conditionally insured persons and actual events to be deemed an insurance event.
Key words: compulsory state insurance, insurance of life and health of military people, insurance event, deferred harm, conditionally insured person
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V.V. Rassokhin
Problems of legal regulation of compulsory insurance of civil liability
This material analyzes the main legal matters of compulsory insurance of civil liability. Significant attention is paid to problems identified in the course of application of provisions of effective laws on insurance of civil liability. The author considers examples of the court practice and makes a suggestion on improvement of effective laws.
Key words: contract of insurance of civil liability, injured person’s claim, indemnification of harm
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M.M. Emelyanov, E.V. Zaychenko
Disputes on invalidity of insurance contracts
This article analyzes the most interesting, from the authors’ point of view, grounds of invalidation of insurance contracts which are subject of the practice of arbitration courts of the Moscow district.
Key words: insurance law, invalidity of an insurance contract, insurance interest, knowingly false data
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I.N. Aksenov
Impossibility of application of subrogation at insurance of liability: economic and legal aspects
The article touches upon one of the most complicated and discussed issues of property insurance – the possibility of application of subrogation at insurance of liability. The author justifies the unambiguous impossibility of application of subrogation at insurance of liability from the point of view of both the economic and legal component of insurance protection proposing to impose the functional of subrogation in this type of property insurance on the institute of regress.
Key words: subrogation, liability insurance, insurance protection, regress
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M.L. Krasnobaeva
Problems of insurance of pledged property
The article describes the problem of property insurance in favor of the pledge holder. Does the pledge holder have its own insurance interest in relation to property and is it entitled to get insurance indemnity in case of loss or damage of a thing?
Key words: insurance interest, insurance contract, beneficiary
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Analytics: free tribune
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K.A. Korsik
Evidentiary meaning of notarized documents in Russian civil proceedings
The author analyzes draft amendments to civil laws and laws on notarial system to the extent of giving special evidentiary force to notarized acts. The article makes an accent on the necessity of parallel amendment of procedural laws and suggests respective amendments.
Key words: civil process, notarial system, notary act, evidences, evidentiary presumptions
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L.N. Klochenko, M.A. Kondrashkova
Agreements between insurance and credit organizations: legal regulation, limits of admissibility and law enforcement practice
The article touches upon legal regulation of agreements between insurers and banks, analysis of the admissibility limits of certain types of agreements, legal forms of state control, studies the procedure for separation of competence of supervisory authorities, limits and methods of control, describes the law enforcement practice.
Key words: agreements, insurance organization, bank, limits of admissibility, separation of competence of supervisory authorities
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Practice of application of the Code of Arbitration Procedure
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Amendments to the CAO of RF in November: are there any problems in law enforcement? |
Court personalities
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A.I. Strelnikov
«It is difficult to make a party to be absolutely fair if it has the target to win the process » |