ROZWAŻANIA NAD CHARAKTEREM PRAWNYM REASEKURACJI
REFLECTIONS ON THE REINSURANCE LEGAL NATURE

Summary/Abstract: The question of describing legal nature of reinsurance is significant, both in theoretical as well as in practical aspects, since its solution would render it possible to determine the legal nature of an allowance paid out by an reinsuring company to the reinsured party. The crucial factor is a question whether reinsurance is just a specific type of insurance, or, whether it means insurance of the insurance policy against any risks – hence, whether a reinsurance agreement is equal to an insurance agreement or whether reinsurance is a separate scope of operation and, therefore, reinsurance agreements develop an independent category of agreements. Contemporary authors sponsor the opinion that reinsurance agreement is insurance of the insurance policy against risks. This widespread acceptance of such views is supported by the fact that, in a legal aspect, a reinsurance agreement as a rule covers all elements of the insurance agreement. However, even considering the fact that a reinsurance agreement has all qualities of the insurance agreement, in economic aspect it does not give any reason to regard the institution of reinsurance as identical with the institution of insurance. Reinsurance, however associated with the insurance business, must not be regarded either as any kind of insurance or as insurance of an insurance policy against risk. This is an independent scope of activity in a legal aspect, despite some resemblance with the institution of insurance, it includes several very important distinct qualities, owing to which a reinsurance agreement is not subjected to the legal regulations concerning insurance agreements and it creates a distinguished type of agreements not ruled by regulations of the civil code.

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