INSTITUTЕ OF INSURANCE IN THE SYSTEM OF WAYS FOR ENSURING THE FULFILLMENT OF CONTRACTUAL OBLIGATIONS

Abstract

In the scientific article the concept, features and place of insurance in the system of ways of ensuring the fulfillment of contractual obligations are defined based on the analysis of scientific views and norms of the current legislation of Ukraine which relate to the enforcement of obligations. The legal characteristicof the main functions of insurance has been carried out, allowing it to be considered as an effective way of ensuring the fulfillment of contractual obligations, which can be used by participants in contractual relations to protect their interests, and scientific conclusions and proposals for improving the legal regulation of the institution of insurance as a security legal relationship have been formulated. It has been established that the fulfillment of contractual obligations is accompanied by the existence of auxiliary (additional) obligations aimed at stimulating the debtor to accurately and strictly fulfill the obligation, as well as preventing or reducing the negative consequences that may occur in the event of its violation. At the same time, the Civil Code of Ukraine reflects an approach according to which fulfillment of an obligation can be ensured not only by those methods that are directly provided for in the Civil Code of Ukraine, but also by those established in special regulatory legal acts or determined by the parties in the contract itself. It is substantiated that the types of security for the fulfillment of an obligation acquire the character of methods of protection only from the moment of violation of the creditor's rights under the contract. Before the occurrence of such circumstances, types of security for the fulfillment of an obligation are methods of self-protection of rights under the contract, because they are indicated in the contract, first of all, to prevent violation of its terms and stimulate the debtor to behave appropriately. The insurance contract, which is concluded for the purpose of ensuring the fulfillment of obligations, is proposed to be understood as a written agreement between the insurer and the insured, according to which the insurer undertakes an obligation in the event of an insured event (non-fulfillment or improper fulfillment of the main obligation) to compensate the insurer’s creditor (for the main obligation) in within the liability limit, damage unintentionally caused by the insured, and the insured undertakes to make timely insurance payments and comply with other terms of the contract. The аttention is focused on the accessory (additional) nature of the insurance security legal relationship and the main features of accessory. It is substantiated that, unlike other methods of ensuring the fulfillment of obligations, the insurer’s obligations to pay the insured amount arise upon the occurrence of events (insured events) previously provided for in the insurance contract, and not upon any violation of the obligation on the part of the debtor. It has been established that the conclusion of an insurance contract in order to ensure the fulfillment of contractual obligations stimulates the debtor to proper behavior, and gives the creditor confidence that in the event of non-fulfillment or improper fulfillment of his obligations by the debtor, he will receive satisfaction of his interest at the expense of the previously provided security.