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Uskova M.S. Doctrinal Issues of Legal Nature of Insurance Contract in Prerevolutionary and Soviet Periods of Russian Law History

Marina S. Uskova
Lecturer, Department of Civil Law
Volgograd Institute of Business
Kachintsev St., 63, 400010 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction. Since ancient times to the present day the minds of scientists are busy with the question of determining the legal nature of the insurance contract. Some of them believe that this agreement is a type of sales contract, the contract of guarantee, etc.; another group of scientists consider the treaty as an independent and selfsufficient institution of civil law. This research work is aimed at trying to resolve the doctrinal issues and bring legal certainty to the insurance relationship. Methods. The methodological framework of this study constitutes a set of methods of scientific knowledge, among which the main place is occupied by historicist methods of systematic analysis and comparative law. Results. The author’s viewpoint is based on the historical experience of scientistslawyers on the legal nature of the insurance contract, the Russian Empire, the Soviet Union and the Russian Federation legislation. As a result of analysis, the author concludes that the insurance contract is an independent civil transaction. Conclusions. As a result of the research the author highlights the main historical-scientific concepts, defending views on the legal nature of the insurance contract. It was determined that the institution of the contract of insurance is unique in its kind, has an independent legal nature and occupies a special place in the science of civil law, as well as in the Russian legislation.

Key words: history of development, insurance contract, legal nature, civil-legal transaction, Russian legislation.

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