On the implementation of the freedom-of-contract doctrine in the insurance obligation

Introduction: the paper considers the problems of lawenforcement ofone of the fundamental civil doctrines - the freedom of contract in the insurance obligation. Modern scientific views on this doctrine as a whole are investigated, as well as the latest judicial practice, which quite often uses the doctrine in question in its conclusions on insurance disputes and refers to the dispositivity of civil norms when formulating certain conditions of an insurance contract. It is stated that insurers often conceal information important to the insurance carrier when concluding an insurance contract, which deprives him of the opportunity to fully settle certain issues that are important to him and subject to inclusion in the text of the insurance contract, in his opinion. The problem is the asymmetry of the powers of the insurer and the policyholder at the stage of concluding an insurance contract, when each of the parties has the right to make their proposals and adjustments to the draft insurance contract. The purpose of the study: to establish the actual role and degree of importance of the freedom-of-contract doctrine in the insurance obligation. Methods: based on the theoretical and empirical bases using the comparative legal and formal legal methods, the authors have analyzed, synthesized and summarized the information received, and made scientific conclusions of theoretical and practical significance. Results: the achievement of the set goal is the establishment of the actual role and degree of significance of the freedom-of- contract doctrine in the insurance obligation. Conclusions: the authors have formulated the authors’ scientific approach on the universalityand significance of the freedom-of-contract doctrine in the insurance obligation.