Advanced Search
MyIDEAS: Login

ISSUES CONCERNING THE NATURE OF CIVIL LIABILITY OF THE INSURER IN THE CRIMINAL TRIAL IN THE EVENT OF COMPULSORY INSURANCE AGAINST CIVIL LIABILITY AND THEIR LIABILITY FOR DAMAGES CAUSED BY VEHICLE ACCIDENTS. (English version)

Contents:

Author Info

  • Laura BULGARU

    ()
    (“Petre Andrei” University from Iasi, Romania)

Registered author(s):

    Abstract

    In recent years, controversies have arisen in judicial practice related to the procedural position of insurance companies in criminal trials in terms of the repair of damages caused by insured defendants who have committed ofenses while driving on the public roads. Thus, initially, insurance companies had a position of civilly liable parties stipulated by art. 16 of the Code of Criminal Procedure, while later on they affirmed the position of civilly liability insurer or guarantor of payment of damage compensation (in this sense, see Decree no. 3154/2000, Supreme Court of Justice, Criminal Department, in the Bulletin of Jurisprudence 2000, p. 342). These controversies have been established by an appeal in the interest of law, by decision no. 1 / 2005, being decided that "the insurance company participates in the criminal proceedings as civilly liable insurer”. The High Court of Cassation and Justice states, in the reasoning of this decision, that "from the analysis of the legal provisions and of the principles of law, to which reference has been made, it results that in the event of a crash which caused a certain demage, for which a compulsory insurance against civil liability was contracted, the liability in tort, based on art. 998 of the Civil Code, of the person who, by his/her action has caused the damage, coexists with the contractual liability of the insurer, based on the insurance contract concluded under the conditions regulated by Law no. 136/1995." While this solution solved the issue of the insurance company position in criminal trials, it still failed to answer the issues relating to the nature and the way in which the insurer becomes liable given the latest amendments to Law 136/1995 by Government Emergency Ordinance. 61/2005, approved with amendments by Law no. 283/2005. Thus, the establishment of the nature of this liability, the possibility of co-responsibility of the insured and the insurer or of the direct liability of the insurer under the insurance contract still remain open.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://jls.upa.ro/ro/arhiva-revista.html
    Download Restriction: no

    Bibliographic Info

    Article provided by Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi in its journal Jurnalul de Studii Juridice. Practica juridica- JOURNAL OF LEGAL STUDIES. LEGAL PRACTICE.

    Volume (Year): 1-2 (2011)
    Issue (Month): (June)
    Pages: 187-205

    as in new window
    Handle: RePEc:lum:rev4rl:v:1-2:y:2011:i::p:187-205

    Contact details of provider:
    Web page: http://jls.upa.ro/

    Related research

    Keywords: insurance companies; civilly liable insurer; criminal trials; coresponsibility;

    Find related papers by JEL classification:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:lum:rev4rl:v:1-2:y:2011:i::p:187-205. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Amariei Mirela).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.