Participants of the insurance obligation - Civil law. The special part

Participants of the insurance obligation

The parties to the obligation of insurance are the insurer and the policyholder. As an insurer , the insurance contract can be concluded only by an insurance company - a legal entity authorized to (license) to carry out insurance the corresponding type (Part 2, Article 938 GK). To acquire the status of the insurer, it is necessary to comply with the minimum amount of the paid authorized capital, established by the Law on the Organization of Insurance Business in the Russian Federation (Article 25). The insurer can only be a commercial organization carrying out entrepreneurial activities in the insurance sector, both state (for example, Rosgosstrakh) and a private (private) insurance organization.

Citizens and legal entities can insure their property and other property interests specified in cl. 929 CC, on a reciprocal basis by combining in mutual insurance societies the necessary funds for this.

When carrying out insurance activities, insurers widely use the services of insurance agents and insurance brokers (Article 8 of the Law on the Organization of Insurance Business in the Russian Federation).

Insurance agent is a natural or legal person acting on behalf of the insurer and on his behalf in accordance with the authority granted.

Thus, the insurance agent is the representative of the insurer. Its main activity is to conclude insurance contracts (& quot; sale of insurance policies & quot;).

Insurance broker - an individual or legal entity acting in the interests of the policyholder or insurer and performing activities to provide services related to the conclusion of insurance contracts, as well as the performance of specified contracts .

Relationships for the provision of brokerage services are regulated either by regulations on the commission agreement (Chapter 51 of the Civil Code) or by an agency agreement (Chapter 52 of the Civil Code). For legal entities, it is mandatory to indicate the implementation of insurance brokerage activities in their constituent documents. Legal entities and business citizens are also required to register as insurance brokers in the federal executive authority for the supervision of insurance activities 10 days prior to the commencement of their brokerage activities.

The Insured (political holder) can be a legal entity or a legal entity. A feature of the insured is the existence of insurance interest , which consists in compensation (compensation) of damage caused to life, health or property by unforeseen and extraordinary circumstances. The insured is a person who has directly entered into an insurance obligation with the insurer on the basis of a law or contract.

Participants in the insurance obligation may be third parties - the beneficiary and the insured person.

Beneficiary (beneficiary) - a natural or legal person possessing insurance interest in favor of which the policyholder has concluded an insurance contract. The peculiarity of the position of the beneficiary in insurance obligations is the possibility of presenting to him the insurer's claim on the performance of duties not performed by the insured.

Insured person is an individual with whom the insured associates the events specified in the insurance contract, which are the basis for payment of the sum insured. Participation of the insured person is possible only in the contract of personal insurance (clause 1 of article 934 of the Civil Code) or in the contract of insurance of liability for causing harm (clause 1, article 931 of the Civil Code).

For the conclusion of a personal insurance contract in favor of the policyholder or the beneficiary, if they do not coincide with the insured person, the written consent of the insured person is required. If this condition is violated, the contract can be declared invalid on the claim the insured person or his heirs (paragraph 2 of clause 2 of article 934 of the Civil Code).

In the contract of insurance of liability for causing harm to the insured person, there may be both the policyholder himself and another person on whom such responsibility may be assigned (Clause 1, Art. 931 GK).

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