the Legislation does not register the mechanism of insurance of responsibility for their infringement
According to the Civil code insurance of risk of liability of infringement of the contract is not provided. On this basis the concluded contracts can be recognised by void. If the presidium of the Supreme Arbitration Court (YOU) supports this position, insurers can not pay under already concluded contracts at approach of insured events.
on consideration of presidium YOU as supervision business between " has arrived; ITEKO Lodzhistiks “ and GSK “ JUgorija “ between which the insurance contract has been concluded. In the contract the duty of the insurance company was established to pay compensation if by transportation cargo is lost or damaged.
The Duty on payment arose at a recognition the forwarding agent of the claim shown to it from suffered persons, from the written approval of the insurance company. The basis for insurance compensation also was the come into force judgement establishing a duty of the forwarding agent to indemnify a loss, caused to the victim. During transportation the cargo part has been stolen, and “ ITEKO Lodzhistiks “ has addressed for reception of money resources in the insurance company.
dispute has arisen from - for unwillingness of the insurer to execute the obligations. As the arguments proving absence of the bases for payment of compensation, the insurance company referred to current legislation positions. The civil code does not provide insurance of risk of liability of infringement of the contract. Therefore the concluded contract should be nullified, the company has counted.
practice of courts of subordinate instances on this question the extremely inconsistent. Courts rise as on the party of insurers, recognising as void contracts, and on the party of forwarding agents, specifying in abusing the insurance companies the rights. Submitting the case on presidium consideration, YOU specifies that the conclusion of similar contracts of insurance widespread, and the uniform approach of arbitration courts to consideration of the disputes arising at their execution, is not developed.
the senior lawyer GK “ Shouters and partners “ Oleg Zajtsev considers that the decision of presidium YOU on the given case will clear up a question of the validity or invalidity of contracts of insurance of responsibility of forwarding agents. “ such judicial certificate will have essential value for judicial proceedings in arbitration courts of all districts, and also for insurers and the forwarding companies “ - he concludes. The lawyer of legal firm “ JAkovlev and partners “ Svetlana Gromadsky underlines that at acceptance of the judicial certificate positions of the Concept of development of the civil legislation, providing restriction of the bases for a recognition of the void executed transaction should be considered. “ formation by presidium YOU of judicial precedent on this point in question in favour of the insurance companies will give them in the future the right to revision of the judicial certificates which have been taken out earlier on similar actual circumstances “ - has specified g - zha Gromadsky.