Liability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsory
The article analyzes the relationship between the institutions of liability and liability insurance, aimed at identifying the modalities of their interaction. Insurance indisputably affects the development and scope of tort law, but this influence is not one-sided. At the present development level i...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2020-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652004080P.pdf |
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| _version_ | 1850043217029890048 |
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| author | Petrović-Tomić Nataša |
| author_facet | Petrović-Tomić Nataša |
| author_sort | Petrović-Tomić Nataša |
| collection | DOAJ |
| description | The article analyzes the relationship between the institutions of liability and liability insurance, aimed at identifying the modalities of their interaction. Insurance indisputably affects the development and scope of tort law, but this influence is not one-sided. At the present development level it has been noted that liability insurance also plays an indispensable role in indemnity litigation. The development path of liability insurance shows that the developed legal order entails two mutually compatible systems. Whilst objective liability for damages is the response to numerous activities that render realistic the possibility of causing damage to others, regardless of whether the damage could have been avoided through cautious behavior, liability insurance is the response to the changed regulatory framework, which leads to liability reaching unprecedented proportions. Therefore, the author concludes that insurance does not threaten to substitute the principle of compensatory damages with the logic of loss-spreading. |
| format | Article |
| id | doaj-art-48e6a46b7d6a4a0787af9d134fd3584a |
| institution | DOAJ |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2020-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-48e6a46b7d6a4a0787af9d134fd3584a2025-08-20T02:55:17ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932020-01-01684809710.51204/Anali_PFUB_20404A0003-25652004080PLiability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsoryPetrović-Tomić Nataša0University of Belgrade, Faculty of Law, SerbiaThe article analyzes the relationship between the institutions of liability and liability insurance, aimed at identifying the modalities of their interaction. Insurance indisputably affects the development and scope of tort law, but this influence is not one-sided. At the present development level it has been noted that liability insurance also plays an indispensable role in indemnity litigation. The development path of liability insurance shows that the developed legal order entails two mutually compatible systems. Whilst objective liability for damages is the response to numerous activities that render realistic the possibility of causing damage to others, regardless of whether the damage could have been avoided through cautious behavior, liability insurance is the response to the changed regulatory framework, which leads to liability reaching unprecedented proportions. Therefore, the author concludes that insurance does not threaten to substitute the principle of compensatory damages with the logic of loss-spreading.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652004080P.pdfliability insuranceindemnityregulatory frameworkprofessional liability |
| spellingShingle | Petrović-Tomić Nataša Liability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsory Anali Pravnog Fakulteta u Beogradu liability insurance indemnity regulatory framework professional liability |
| title | Liability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsory |
| title_full | Liability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsory |
| title_fullStr | Liability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsory |
| title_full_unstemmed | Liability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsory |
| title_short | Liability insurance as a (social) response to the changing regulatory framework: From prohibited to compulsory |
| title_sort | liability insurance as a social response to the changing regulatory framework from prohibited to compulsory |
| topic | liability insurance indemnity regulatory framework professional liability |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652004080P.pdf |
| work_keys_str_mv | AT petrovictomicnatasa liabilityinsuranceasasocialresponsetothechangingregulatoryframeworkfromprohibitedtocompulsory |