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COMMERCIAL INSURANCE LAW

Course Code: DR IV 7.1 • Study year: IV • Academic Year: 2021-2022
Domain: Law • Field of study: Law
Type of course: Elective (1 of 3)
Language of instruction: Romanian
Erasmus Language of instruction: English
Name of lecturer: Manole-Decebal Bogdan
Seminar tutor: Alisa - Valeria Toma
Form of education Full-time
Form of instruction: Class / Seminary
Number of teaching hours per semester: 24
Number of teaching hours per week: 2
Semester: Autumn
Form of receiving a credit for a course: Grade
Number of ECTS credits allocated 4

Course aims:

Appropriate use of concepts, theories and methodologies in the field of insurance law;
Concluding and executing the insurance contract;
Selection and anti-selection in the risk community

Course Entry Requirements:

- CIVIL LAW - COMMERCIAL LAW - SPECIAL CONTRACTS

Course contents:

1. General notions about insurance: 2. Insurance contract. Characteristics, Definitions and special elements 3. Formation of the insurance contract. Subjects in the insurance contract Risk bearers Object of the insurance contract General conditions in the insurance contract Special conditions in the insurance contract Third parties and reinsurers, insurance contracts Subrogation in the rights of the insured 4..Conclusion of the insurance contract. Customer Requirements and Needs Analysis (DNT) Pre-contractual information (IDD Directive) Data Protection (GDPR) Insurance Product Information Document (PID) The offer Moment (classic signing, electronic signature, assimilation by payment) Duration - Validity of insurance contracts Content of the contract Proof of the insurance contract Risk inspection 5. The effects of the insurance contract, suspension and termination 6. Legal relations in the process of occurrence of insured risks 7. Legal reports on insurance intermediaries 8. Peculiarities from the legal relations to the personal insurances 9. Peculiarities in civil liability 10. Transport insurance contract 11. Legal regime in international insurance law 12. Criminal law of commercial insurance

Teaching methods:

lecture, examples, methodological research, case studies

Learning outcomes:

Interpretation of insurance contracts in content, community of risks, rights and obligations; Legal action in the case of property insurance, civil liability insurance, professional liability insurance; The lawsuit based on the settlement of claims for damages insured by rejection by the insurer Solving damage cases under the GREEN CARD and CMR insurance (domestic, international, cabotage) Settlement of compensation for non-pecuniary damages for personal injury or not followed by the death of the victim Proper approval of a damage file

Learning outcomes verification and assessment criteria:

Description of the practical way to the final evaluation: Oral exam focused on the answer to 3 questions that can be found on a randomly chosen exam ticket by the examined student, which will indicate the chosen number.

Recommended reading:

Bogdan Decebal, Lazăr Cistelecan, Rodica Cistelecan, Nicușor Marcel Udrea, Commercial Insurance Treaty, ACADEMIA ROMANA, BUCURESTI, 2013, 920.
Bogdan Decebal, The Information System in Insurance Companies, Antet Publishing House, BUCURESTI, 2003, 215.
Bistricianu Gh. D., Bercea Fl., Macovei EI, Insurance Dictionary, Insurance Dictionary, Scientific Publishing House, BUCURESTI, 1991, 260.
DEAK, DRANCISC, CIVIL CONTRACTS AND INSURANCE, ACTAMI Publishing House, BUCUTESTI, 1995, 269.
DUMITRU POPESCU; IOAN MACOVEI, INSURANCE CONTRACT, JUNIMEA Publishing House, IASI, 1982, 329.