КАРАКТЕР СРЕДСТАВА ОСИГУРАЊА ИМОВИНЕ И ЛИЦА У САМОУПРАВНОМ И ОБЛИГАЦИОНОПРАВНОМ ОДНОСУ
THE CHARACTER OF THE FUNDS FOR INSURANCE OF PROPERTY AND PERSONS IN THE SELF-MANAGEMENT RELATIONS AND THE RELATIONS OF OBLIGATIONS LAW

Summary/Abstract: In spite of the existence of statutory provisions regulating the regime of utilisation and implementation of funds for insurance of property and persons, in the practice of organisation of communities of insurance and communities of risk there is an intention to seek solutions which would better satisfy in the interests of the insured in the management of these funds. Of some influence on certain solutions are the following facts: it is a matter of substantial (enormous) funds which, on being invested in appropriate monetary flows, have influence on the economy of the country; that there is an interest for their utilisation in the local area of the residence of the insured; that there are many open questions concerning the legal affiliation of these funds (in respect of the agent of the legal authorisation, its substance, the determination of their shares, and the possibility of refund); that the insured has a double peculiarity as a participant in the management of transactions and insurance funds and, on the other hand, as a party to a legal transaction of insurance i.e. an obligation relation (ship). In order to achieve the scope of rights of the insured to „follow” the fate of the funds they have associated (pooled) into the community of insurance, in this essay, several questions are discussed, namely: whether the legal affiliation of funds of insurance means the actual possibility of management of the same; what are the boundaries (limits) of the influence of of the insured on the disposal of funds of insurance (legally determined and objectively established — of economic and technical nature) ; whether there are (contradictions) and what are the solutions for the contradictions of the position of the insured in the self-management relation and the other, relation of obligation law. Some room is given to the discussion of the question, theoretically contradictory, but also practically diversely regulated, pertaining to the so-called nomination of the funds of insurance, that is, their distribution to the insured with a refund clause.

• Details
• Contents