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The concept of “insurable interest” in civil law: Key issues of theory and practice
- Authors: Battakhov P.P.1, Ovchinnikova Y.S.1, Moturenko S.M.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: Vol 27, No 2 (2023)
- Pages: 439-452
- Section: CIVIL LAW
- URL: https://journals.rudn.ru/law/article/view/35034
- DOI: https://doi.org/10.22363/2313-2337-2023-27-2-439-452
- EDN: https://elibrary.ru/GCMRYZ
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Abstract
The article pays attention to the importance of insurable interest in the modern legal environment. The insurable interest is looked at in relation to the insurable risk; the meaning of the insured property losses is also explained. The article formulates the features for a single concept of insurance contract. In the focus are such features of insurable interest as legitimacy and private (subjective) nature. The author reveals the difference between the objective and subjective sides of the insurable interest and analyzes judicial practice. It is concluded that insurable interest of the subject consists in compensation for property losses, which are not in all cases related to the concept of “damage” and “harm” in civil law. Accordingly, the insurable interest exists insofar as there is a possibility of the occurrence of insured property losses; moreover, the insurable interest is of property nature, which allows us to formulate uniform features of a personal and property insurance contract.
About the authors
Petr P. Battakhov
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: battakhov@mail.ru
ORCID iD: 0000-0003-2251-4312
Candidate of Legal Sciences, senior researcher
10 Znamenka str., Moscow, 119019, Russian FederationYulia S. Ovchinnikova
Institute of State and Law of the Russian Academy of Sciences
Email: domosedka@mail.ru
Candidate of Legal Sciences, research associate 10 Znamenka str., Moscow, 119019, Russian Federation
Sergey M. Moturenko
Institute of State and Law of the Russian Academy of Sciences
Email: moturenko@yandex.ru
Candidate of Legal Sciences, senior researcher 10 Znamenka str., Moscow, 119019, Russian Federation
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