ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACT
Special situations may arise in the relations between the contracting parties, which may lead to a substitution of the party in the insurance relations - the assignment of the insurance contract With regard to the assignment of the insurance contract, each party may substitute a third party for its...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2021-05-01
|
| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_007.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850084696656969728 |
|---|---|
| author | Ștefan Matei DĂNILĂ |
| author_facet | Ștefan Matei DĂNILĂ |
| author_sort | Ștefan Matei DĂNILĂ |
| collection | DOAJ |
| description | Special situations may arise in the relations between the contracting parties, which may lead to a substitution of the party in the insurance relations - the assignment of the insurance contract With regard to the assignment of the insurance contract, each party may substitute a third party for its insurance relations. The general provisions on assignment, namely those provided by Art. 1315 and Art. 1316 of the Civil Code and those of Art. 1566-1586 Civil Code on the assignment of debt, the special provisions of Art. 2212 Civil Code in the matter of the insurance contract, together with the provisions of the special legislation, such as Law no. 190/1996 on the mortgage contract for real estate investments, provide the regulatory framework necessary to carry out the operation. In terms of insurance, in accordance with the provisions of Art. 2212 of the Civil Code – “Assignment of insurance”, the insurer may assign the insurance contract only with the written consent of the insured. The doctrine has shown that the assignment contract inserted in an insurance contract can be consensual, but it is necessary, ad probationem, that the agreement of the other party regarding the assignment take the written for The concrete legal conditions under which the assignment of the insurance contract may occur will be analyzed subsequently, with various solutions of the courts being commented upon in context. |
| format | Article |
| id | doaj-art-d14205a45f5d45a3a5c444c6f4ef2482 |
| institution | DOAJ |
| issn | 2068-7796 |
| language | English |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-d14205a45f5d45a3a5c444c6f4ef24822025-08-20T02:43:57ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141172183ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACTȘtefan Matei DĂNILĂ0PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail: mstdanila@gmail.com)Special situations may arise in the relations between the contracting parties, which may lead to a substitution of the party in the insurance relations - the assignment of the insurance contract With regard to the assignment of the insurance contract, each party may substitute a third party for its insurance relations. The general provisions on assignment, namely those provided by Art. 1315 and Art. 1316 of the Civil Code and those of Art. 1566-1586 Civil Code on the assignment of debt, the special provisions of Art. 2212 Civil Code in the matter of the insurance contract, together with the provisions of the special legislation, such as Law no. 190/1996 on the mortgage contract for real estate investments, provide the regulatory framework necessary to carry out the operation. In terms of insurance, in accordance with the provisions of Art. 2212 of the Civil Code – “Assignment of insurance”, the insurer may assign the insurance contract only with the written consent of the insured. The doctrine has shown that the assignment contract inserted in an insurance contract can be consensual, but it is necessary, ad probationem, that the agreement of the other party regarding the assignment take the written for The concrete legal conditions under which the assignment of the insurance contract may occur will be analyzed subsequently, with various solutions of the courts being commented upon in context.http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_007.pdfassignment of insuranceinsurance contractinsurance indemnitywritten consentsubstitute a third party |
| spellingShingle | Ștefan Matei DĂNILĂ ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACT Challenges of the Knowledge Society assignment of insurance insurance contract insurance indemnity written consent substitute a third party |
| title | ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACT |
| title_full | ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACT |
| title_fullStr | ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACT |
| title_full_unstemmed | ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACT |
| title_short | ASSIGNMENT OF THE CONTRACT. A SPECIAL CASE IN THE MATTER OF THE INSURANCE CONTRACT |
| title_sort | assignment of the contract a special case in the matter of the insurance contract |
| topic | assignment of insurance insurance contract insurance indemnity written consent substitute a third party |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_007.pdf |
| work_keys_str_mv | AT stefanmateidanila assignmentofthecontractaspecialcaseinthematteroftheinsurancecontract |