The Legal Nature of Compensation for Damage under the Contract of Compulsory Insurance of Civil Liability of Vehicle Owners

Abstract

The article presents problematic issues of civil law regulation of compulsory insurance contracts for civil liability of vehicle owners under Russian law, taking into account current international rules and national legislation of economically developed countries, which include the Russian Federation, which has been successfully developing this type of insurance for more than twenty years. The goals and objectives of concluding compulsory civil liability insurance contracts for vehicle owners are defined, as well as the basic procedure and rules for their legislative regulation at the national level of states; the legal status of the policyholder, the insurer and the victim is analyzed; contractual and non-contractual (tort) liability arising from harm; the concepts of a vehicle and fault tort liability; the main elements the occurrence of civil liability; the procedure for compensation for damage; types of compensation payments for the specified type of contracts and the incorrectness of using the term “compensation” in relation to life and health insurance of individuals. The legal characteristics of the contract of compulsory insurance of civil liability of vehicle owners are given. Logical, comparative, empirical, analytical, historical-legal, descriptive and others were used as the main methods of cognition during the research. The scientific novelty of the research lies in the identification and determination by the author of the legal nature of compensation for damage under the contract of compulsory civil liability insurance of vehicle owners, as well as the main types of coverage included in it and the fundamental problems that are solved with the help of such a contract.