Ubezpieczenia gospodarcze w nowym ujęciu legislacyjnym

Abstract

The article concerns a new regulation and changes in economic insurances introduced by the new Property and Personal Insurance Act of September 20, 1984 adopted by the Polish Seym (Dziennik Ustaw nr 45, sec. 242). The present Act revoked the former regulation, the Act of December 2, 1958 which has been in power for 26 years. The present Act regulates the whole complex of property and personal insurances, both statutory and contractual (not abolishing of course the provisions of the Civil Code on contracts of insurance- art. 805 et seq.). A legal relation of insurance has always the civil law character in spite of the fact that the Act provides the formation of the relation by means of two sources i.e. the Act and contracts. The Act specifies all statutory insurances (there are nine of them), in consequence their number and types can not be altered by means of implementing regulations. Relaxation of the legal insurance monopoly by the statutory provisions is the essential novelty. The Act provides for the creation of new insurance associations: State owned, cooperative or private partnerships apart from presently operating insurance administrations (The State Insurance Administration and The Insurance and Reinsuirance Company "Warta" SA). Various statutory provisions are concerning a financial regulation of the State insurance offices. Apart of presenting the above questions, the article dwells upon new statutory regulation of raising insurance claims, limitations of insurance claims and changes in the Civil Code provisions. A number of the latter has been altered namely art. art. 808, 819, 827, 828 in context of provisions of the new Act.