Molchanov A.A., Babaytseva E.A. On the Implementation of the Freedom-Of-Contract Doctrine in the Insurance Obligation
DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.11
Alexander A. Molchanov, Doctor of Sciences (Jurisprudence), Professor, Department of Civil Law and Civil Procedure, Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, Pilyutova St, 1, 198206 Saint Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0790-7564
Elena A. Babaytseva, Candidate of Sciences (Jurisprudence), Judge, Volgograd Regional Court, Prosp. Lenina, 53A, 400005 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9526-4644
Introduction: the paper considers the problems of law enforcement of one 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-ofcontract doctrine in the insurance obligation. Conclusions: the authors have formulated the authors’ scientific approach on the universality and significance of the freedom-of-contract doctrine in the insurance obligation.
Key words: freedom of contract, doctrine, obligation, insurance, contract, good faith.
Citation. Molchanov A.A., Babaytseva E.A. On the Implementation of the Freedom-Of-Contract Doctrine in the Insurance Obligation. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 3, pp. 81-86. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.11
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