ПРАВНА ПРИРОДА ПОЛИСЕ ОСИГУРАЊА У ЈУГОСЛОВЕНСКОМ ПРАВУ
LEGAL NATURE OF INSURANCE POLICУ IN YUGOSLAV LAW

Summary/Abstract: The author elaborates in the beginning the notion of policy and its characteristics, to be followed by constituent elements and sources of law covering it. Second section deals with policy as a form of contract of insurance, while the third one is dedicated to policy as evidence on creation and contents of concluded contract of insurance. Fourth section is an elaboration of policy as a document of debt, while the fifth one treats it as an identification paper; sixth section deals with the policy’s character as securities. All these characteristics of insurance policy are treated separately for the inland property insurance — as regulated by the Law of Obligation Relations, and for the navigation insurance — as established by thé Law of Internal Waterways and Sea Navigations. Considering principal problems of insurance policy, the author emphasizes the problem of policy as valuable paper (securities) in Yugoslav law. He challenges conception prevailing in that law according to which insurance policy is an identification document and does not enter the sphere of securities, although the argumentation is based only on abstract foreign law solutions in this respect, instead of being based on principles set forth by Article 257 of the Law of Obligation Relations. This category of so-called qualified identification papers is not recognized by Yugoslav law. The author also criticizes the practice of insurance companies which do not issue policies as transferable papers, as provided for by Article 902/6 of the above Law.

• Details
• Contents