Stručni rad
LAWYER’S PROFESSIONAL LIABILITY INSURANCE (PAYING A SPECIAL ATTENTION TO CERTAIN LEGAL SOLUTIONS IN THE COMPARATIVE LAW)
Loris Belanić
; Pravni fakultet Sveučilišta u Rijeci
Sažetak
Lawyer’s professional liability insurance, as a mandatory insurance, was introduced within the Croatian legal system in 1994 by, at that time actual the Law on the Legal Profession (Official Gazette, no. 9/94). Since then, (more precisely from the first of January, 1995) the General Conditions of Lawyer’s Professional Liability Insurance have been in effect without being subjected to any alterations. Nevertheless, in the meantime, the Law on the Legal Profession was amended. Some amended provisions also regulated the lawyer’s professional liability. Moreover, certain amendments were introduced in the legal regulation of insurance contract (the 2005 Civil Obligations Act). Consequently, legal professionals have being facing a certain degree of legal incompatibility between the legal regulations as well as between the regulations and the General Insurance Conditions. In addition, certain provisions of the General Insurance Conditions are in collision. Having this in mind, certain issues and doubts arise in practice (in legal theory also), which have not been resolved so far. Some existing solutions, as we shall see, are not in accordance with the purpose of mandatory liability insurance, and not even with the insurance profession. The aim of this article is to present an overview of solutions to aforesaid legal issues and doubts, some of them being already represented in the legal literature, as well as to offer some new solutions. In effort to achieve that, the author in this article, first of all, tries to present the current legal situation regarding the mandatory lawyers’ professional liability insurance with regard to the most important issues of this branch of insurance: legal sources, stipulation of liability insurance contract, identification of contractual parties in insurance contract, identification of third parties, determination of a risk covered by the insurance policy, eventual exclusions from coverage and minimal sum insured. While doing so, the author points at aforesaid disputable issues and makes an effort to find solutions de lege ferenda. Therefore, the author presents and makes comments on certain comparative legal solutions, which could be regarded, according to the author, as a following example for Croatian law.
Ključne riječi
lawyer; liability insurance; insurance conditions; Law on the Legal Profession
Hrčak ID:
53534
URI
Datum izdavanja:
8.4.2010.
Posjeta: 9.312 *