Gaps in the institution of insurance and estimative concepts of the insurance law

The article covers the differentiation of gaps in the institution of insurance and estimative concepts of insurance law. The article studies fundamentals of the estimative concepts civil theory, specific estimative concepts of insurance law (in particular, "illegal interests", "substantial change in circumstances", "increase of insurance risk", etc.), as well as the criteria for distinguishing gaps from the evaluative concepts of insurance law. Special attention is given to the provisions of the Concept of Development of Provisions of Part two of the Russian Federation Civil Code related to the insurance contract. It is concluded that the evaluative concepts and gaps of the institution of insurance are not identical due to significant differences between them. The following criteria of differentiation are proposed in the article: the essence of legal uncertainty; the type of legal uncertainty; the mechanism of compensating and overcoming; the functional role in the legal implementation mechanism; the necessity to eliminate.