Статья

Vitaliy An. Maltsev. Characteristics of the legal regulation of a vehicle insurance and a civil liability insurance of their owners in Brazil

UDK: 368.1


Vitaliy An. Maltsev - Candidate of Law, docent, head of the department of administrative, financial and international law of the Academy of Labour and Social Relations


Abstract. The current paper has studied the characteristics of legal regulation of a vehicle insurance and a liability insurance of their owners in Brazil. There has been shown a process of insurance legislation formation in this area. There have been analyzed the provisions of legislative and other regulatory legal acts governing the objects, conditions and rules of transport insurance. There have been established the specific features of insurance legislation, which are clearly manifested in the field of transport insurance. There have been considered the issues of state regulation and control in the field of a vehicle insurance, as well as changes recently occurred in this area. There have been determined the features of the Brazilian insurance market, where transport insurance occupies one of the main places. There has been given a characteristic of the national private insurance system, which has become one of the priority areas in the insurance sector. There have been disclosed functions and powers of special bodies of supervision and regulation of the insurance market. It has been concluded that the system of legal regulation and control in the insurance industry in Brazil includes a combination of public and private management. Due to the fact that a vehicle insurance and a civil liability insurance of their owners is not a special type, but referred to as general insurance, the current paper has highlighted their features and specifics of their legal relations. There have been studied basic legal aspects of compulsory civil liability insurance of vehicle owners. In this case, there have been indicated the features in the procedure for the singing of an insurance agreement, its conditions, as well as the current rules of this type of insurance. There have been noted the significant differences in distribution of insurance premiums and compensation for damage occurred in the framework of insured events. There has been considered the procedure for insurance premiums and the documents required for getting insurance money paid. There have been indicated the features of liability measures applied both for insurance companies, and for their leaders for violations of insurance rules. There has been made a comparison of the provisions of Brazilian insurance legislation with the norms of Russian legislation governing transport insurance.


Keywords: insurance; insurance contract/agreement; insurer; insurance rules; insurance policy; insurance documents; insurance premiums; insurance case.


References:

  1. Orlova, P. A. Strakhovaniye v stranakh BRIK [Insurance in the BRIC countries]// Upravleniye personalom. — 2011. — №2.
  2. Bruno Balduccini, Diógenes Gonçalves. The Insurance and Reinsurance Law Review. Brazil — Edition 7. — April 2019.

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