POČETAK DEJSTVA TRAJANjE I PRESTANAK UGOVORA O OSIGURANjU I OSIGURAVAJUĆEG POKRIĆA

Abstract

The paper analyzes the rules for concluding an insurance contract, the beginning of its effect, duration and termination. The author first points out that in civil law, the rule is that the moment of concluding the contract and the moment when it begins to produce legal effects usually coincide. In insurance law, however, the conclusion of the insurance contract and the moment when it begins to produce first effects are regularly different. Likewise, in insurance law, the rule is that the termination of the contract and the moment of termination of the insurance coverage? they differ. Au indicates that, what is the rule in civil law, in insurance law is a rare case, these two moments coincide only if such an agreement exists between the contracting parties. It is emphasized that in insurance law, the contracting party regularly provides for the separation of the moment of conclusion of the contract from the moment of the beginning of its effect, the beginning of the obligation of the insurer to cover the risk provided for in the contract and the beginning of the obligation of the policyholder, that is, the insured to pay the insurance premium. It is concluded that the reasons for such rules are of a practical nature. Namely, it may happen that the insured event occurs on the same day when the insurance contract is concluded, so there are difficulties in determining the time of occurrence of the harmful event, which, on the other hand, can be misused by the contracting parties.