ЗАЈЕДНИЦА РИЗИКА У CИCTEMУ ОСИГУРАЊА ИМОВИНЕ И ЛИЦА
THE COMMUNITУ OF RISK IN THE PROPERTУ AND LIFE INSURANCE SYSTEM

Summary/Abstract: According to positive statutory regulations, the community of risk is a compulsory form of associating of insured subjects into a community of insurance of a general type, which applies to all our communities of insurance. The idea of the law-maker of grouping of insurees according to similar kinds of insurance, in order to prevent in such a way the drain off of the means from the positive kinds into the negative ones, has not been realized in practice concequently, since the so-called branch principle of organisation has been corrected and even negated by the conception of territorial way of organisation. The basic motive of pooling into territorial forms (namely, basic communities of risk, regional communities, business areas) is found in the possibility of using the means by the economy of the area where such means have been pooled into the community of insurance. Each of the possible forms of organisation into a community of insurance has both advantages and shortcomings, since the insurees may be interested for those forms of organizing which are based on territorial principle as well as for those based on branch, or functional principles. In our system of insurance, the insured subject who manage in an independent way the business of insurance, which applies also to the financial means, have to decide alone which form will suit them best. The intervention of the law-maker in this respect, even when inspired by the need of ensuring healthy and rational business operation, or the pooling into a unified system of Yugoslav insurance, may amount also to artificial constructions, which are hard to be accepted by the practice. However, the basic element is the free choice of the form of organisation, namely the insurees are free to choose, without interference by eventual ready-made solutions in that respect and without the pressure by regional economic and political institutions. They are also supplied with adequate information in order to make a competent decision. The management by insurees, however, is at present effected in unfavourable socio-economic conditions in the sphere of insurance business.

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