The legal nature of compulsory car insurance contract
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Keywords

compulsory car insurance
law number 136 of 29 december 1995 about insurance and reinsurance in Romania
the legal nature of the insurance contract
the obligation for compensation
the ex lege right
victim of the car accident
the payment obligation of the insurer

Abstract

The large number of road accidents has created an enormous risk, so the damages produced by these accidents have become more anonymous because these causes are less and less localized in an act of a man, unlawful and culpable. So throughout this article I will focus on the interest of the victim who has suffered a car accident and the penalties to the author of the accident will be analyzed like a repair obligation. Due to the important social role that the car insurance has, it is practiced in all European States.

The compulsory insurance contract covers the damages caused, by the author of the car accident or by the owner of the car involved in the accident, to the third party, victim of the accident. Basically, when an accident occurs, the payment obligation arising from the car accident will be extinguished by the insurer. The compulsory car insurance, governed by the principle of obligation, is based on a right given to the injured third parties, an immediate right which is offered by the law against the insurer to satisfy the debt consisting of a sum limited by the law. This type of contract is used as an instrument of public policy, based on the legal interest of protecting victims of traffic accidents.

In the near future, the insurance contract will be looked like a mandatory law which governs the relationship of the parties involved in a car accident, a law which will be respected strictly, so the court will not be crowded with such cases. All the compensation problems arising from a car accident will be solved by the parties friendly. So the interest of the victim of a car accident will be protected.

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