Problemy związane z zawieraniem i wykonywaniem umów ubezpieczenia przez samorządy gminne w Polsce
Problems related to conclusion and implementation of insurance contracts by the municipalities in Poland

Summary/Abstract: A feature of the public finance sector is spending of funds by the public procurement procedure. This obligation applies to insurance contracts with estimated premiums exceeding of 30 000 ...UR. Creation of tender specification may cause technical and procedural problems related especially to the regula- tion of relationship between this document and general terms and conditions of insurance. The analy- sis of the public proceedings in Wielkopolska allows to draw universal conclusions and postulates concerning insurance coverage of municipalities. Municipalities seek to achievement of the principles of universality and completeness of insurance coverage but sometimes in conflict with other relevant requirements for insurance (e.g. the principle of restitution or preventive function). The author postu- lates a departure from defining the scope of third-party liability insurance in delictual-contractual re- gime and postulates inclusion of the effects of exercising public power. Insurance of voluntary firemen claims often has errors in the identification of the subject of insurance and the insured party. The ac- tivity of the municipalities in the area of insurance for someone else must be supported by the will of the legislator (compulsory insurance) because voluntary insurance for someone else is example of unlawful expenditure of public funds.

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