ПРАВО ОСИГУРАЊА — ИЗМЕЂУ ЗАШТИТЕ МОНОПОЛА И ТРЖИШТА ОСИГУРАЊА
INSURANCE LAW — BETWEEN MONOPOLY PROTECTION AND MARKET INSURANCE

Summary/Abstract: In the first part of the article, the author examines in detail numerous limitations determined by the Law on the bases of property and persons insurance system of 1990 and the Proposition of the (new) property and persons insurance law of May 18, 1995, in view of the operation of the open market insurance laws and of the management and operation of Yugoslav insurance agencies in this milieu. According to the author’s view, the areas and character of all analyzed limitations point to the fact that the Law and the Proposition of the new Law, which comprise the sources of the status insurance law of the PRY, project the system found between the state monopoly insurance and market insurance. In the second part of the article, the author considers certain tendencies which are apparent in the application of the norms of the Law of contracts and torts of 1978 relative to the land insurance contract. The focus of the article is the analysis of the reasons on account of which it has been impossible so far to give a definitive answer to the question as to what extent the manner, regulating land insurance contract in this law, is adjusted to the open market insurance, contrary to the Inland and maritime navigation law of 1977, regulating navigation insurance contract. The third part of the article is dedicated to the positive characteristics and deficiencies of the system of professional rules of behaviour of insurance agencies and brokers companies in the insurance course of business. Those rules which are contained in the Codex of behaviour in the insurance course of business, issued by the Commercial Chamber of Yugoslavia in 1992, leave the author susceptible that they are curbing free competition of insurance companies in the market insurance.

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