Грађанскоправни аспекти превара у праву осигурања Републике Србије и европском праву
Civil law aspects of fraud in the insurance law of the Republic of Serbia and European law

Summary/Abstract: Author’s goal in this paper was to consider legal regulation of the fraud notion in the legislation of Republic of Serbia and laws of the few EU member states, starting with policyholder obligation to inform insurer about essential circumstances of the risk at the insurance contract formation, about details important for a proper application of the indemnity rule and material interest existence on the object insured common to all insurance lines, except life insurance. Author analyses fraud as a concept of the civil law and as a reason for terminating defective contract in general, with a special view on fraud at insurance contract formation and performance. Though professional persons providing service to damaged persons may commit insurance fraud, author focuses on policyholder and insured fraud against risk carriers, i.e. insurers in line with domestic laws regulating insurance contract, whereas solutions for certain issues have been mentioned from a number of the European legal systems with view on the Draft Common Frame of Reference for the insurance contract that will become optional legal framework of insurance contract law of the EU in future. Author believes that study of the said fraud aspects represents contribution towards consideration of the domestic insurance contract law and contemporary solutions of the European insurance contract law, foreign laws on insurance contracts adopted in the first decade of this century in particular.

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