MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA?
The objective of this study is a synhtetical discussion of the Romanian judicial practice regarding the moral damages in accident insurance(RCA insurance or civil liabilty for cars insurance), with a focus on the objective determination of the prejudice for the affected parts in Court decisions.This...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2016-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.028.pdf |
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| _version_ | 1846143946842963968 |
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| author | Anca-Iulia HÂNC |
| author_facet | Anca-Iulia HÂNC |
| author_sort | Anca-Iulia HÂNC |
| collection | DOAJ |
| description | The objective of this study is a synhtetical discussion of the Romanian judicial practice regarding the moral damages in accident insurance(RCA insurance or civil liabilty for cars insurance), with a focus on the objective determination of the prejudice for the affected parts in Court decisions.This effort is motivated by the limitations of the Romanian legislation:arguably, the current judicial practice is not unitary, even within the same Court of Appeal.Judges’ interpretation of the same normative acts and laws in this domain are often different,as well as imprecise.The aim of this study is therefore to identify the common points of view among the various decisions of the Corts of Appeal in Romania regarding moral damages as a result of a car accident, in the cases when cars are being insured with an RCA Policy). The study also aims to determine if different sums of money should be established according to different types of moral prejudicee.g. judicial errors, unlawful privacy of liberty etc.Finally, the study proposes that future accident insurance legislation should include more thorough and concrete enactment of the moral damages aspects. |
| format | Article |
| id | doaj-art-7f4f7ae18a85407ab0e501827e870567 |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2016-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-7f4f7ae18a85407ab0e501827e8705672024-12-02T09:21:02ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-05-016-176181MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA?Anca-Iulia HÂNC0Lawyer, Bucharest BarThe objective of this study is a synhtetical discussion of the Romanian judicial practice regarding the moral damages in accident insurance(RCA insurance or civil liabilty for cars insurance), with a focus on the objective determination of the prejudice for the affected parts in Court decisions.This effort is motivated by the limitations of the Romanian legislation:arguably, the current judicial practice is not unitary, even within the same Court of Appeal.Judges’ interpretation of the same normative acts and laws in this domain are often different,as well as imprecise.The aim of this study is therefore to identify the common points of view among the various decisions of the Corts of Appeal in Romania regarding moral damages as a result of a car accident, in the cases when cars are being insured with an RCA Policy). The study also aims to determine if different sums of money should be established according to different types of moral prejudicee.g. judicial errors, unlawful privacy of liberty etc.Finally, the study proposes that future accident insurance legislation should include more thorough and concrete enactment of the moral damages aspects.http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.028.pdfAccident insurancecriteria of prejudicedetermination of moral damagesRomanian and EU legislationuneven practicefuture enactment. |
| spellingShingle | Anca-Iulia HÂNC MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA? Challenges of the Knowledge Society Accident insurance criteria of prejudice determination of moral damages Romanian and EU legislation uneven practice future enactment. |
| title | MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA? |
| title_full | MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA? |
| title_fullStr | MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA? |
| title_full_unstemmed | MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA? |
| title_short | MORAL DAMAGES IN ACCIDENT INSURANCE (RCA INSURANCE) ARE THERE SUFFICIENT CRITERIA? |
| title_sort | moral damages in accident insurance rca insurance are there sufficient criteria |
| topic | Accident insurance criteria of prejudice determination of moral damages Romanian and EU legislation uneven practice future enactment. |
| url | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.028.pdf |
| work_keys_str_mv | AT ancaiuliahanc moraldamagesinaccidentinsurancercainsurancearetheresufficientcriteria |