Absence of gaps in insurance law and its effectiveness

Автор: Khakimova Y.A.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское, семейное и предпринимательское право

Статья в выпуске: 4, 2021 года.

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The article is devoted to absene of gaps issue of the insurance law. The approaches are considered to the definition of the absence of gaps problem and to the effectiveness of the institution of law. The conclusion is made that the general absence of gaps in the insurance institution is achieved by using the relative absence of gaps presumption that involves the potential ability of the law enforcement officer to establish the rights and obligations of the parties to the insurance legal relationship which is not covered by a specific rule of law, by using regulatory generalizations and other regulators. One of the possible ways to achieve the relative absence of gaps in the institution of insurance is the development and adoption of the Russian Federation Insurance Code as a comprehensive codified act aimed at the national regulation of the heterogeneous relations mediated by a special type of activity - insuring.

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Insurance institution, relative absence of gaps presumption of law, insurance institution effectiveness

Короткий адрес: https://sciup.org/147236824

IDR: 147236824   |   DOI: 10.17072/2619-0648-2021-4-78-94

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