NADZÓR PAŃSTWA NAD DZIAŁALNOŚCIĄ REASEKURACYJNĄ I UBEZPIECZENIOWĄ W OKRESIE FUNKCJONOWANIA GOSPODARKI SOCJALISTYCZNEJ
CONTROL OF THE STATE ABOVE REINSURANCE AND INSURANCE ACTIVITY IN THE PERIOD OF FUNCTIONING OF THE SOCIALIST ECONOMY
Author(s): Andrzej BieleckiSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: reasekuracja; ubezpieczenia; państwo; system
Summary/Abstract: Reinsurance, by its nature, has a worldwide quality. Therefore, state authorities may control it by means of national legislation processes only in a lesser extent. However, considering its significance for the national economy, state authorities had to develop instruments allowing for at least limited management and control over evolution of reinsurance business throughout their own territory. Such an instrument, allowing the state authorities to perform control over directions of the reinsurance business development, is a state oversight over the insurance and reinsurance companies. Hence, the question of definition of standards of the official supervision is significant, both for reinsurance institution itself, as well as the directions of its further development. In theory and practice of insurances there are three systems of state oversight over the insurance companies functioning: publication system, system of normative regulations and material supervision system. Additionally, introduction of the state monopoly for reinsurance operation is considered as another form of state-run control over reinsurance business. The first three systems are specific for liberal economies, while in central-planed economies – such as socialist economy – the only form of official oversight, which would guarantee complete control over the insurance and reinsurance business, is an introduction of the state monopoly for reinsurance operation. We may distinguish four stages of governmental supervision over the insurance companies during the socialist period in Poland, these being the years 1945–1952, 1952– 1958, 1958–1984, and 1984–1990. The aforementioned stages have been distinguished by the criterion of legislative acts regulating the property insurances, these acts regarding the aspects of oversight as well. Each of the stages stated above is specified by more and more advanced liberalization and reduction of state control over the operation of insurance and reinsurance companies. Still, all these stages are a variation of state-run oversight based upon the formal and current state monopoly within the sector of property insurances.
Journal: Studia Iuridica
- Issue Year: 2006
- Issue No: 45
- Page Range: 9-18
- Page Count: 10
- Language: Polish