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    STUDIA IURISPRUDENTIA - Issue no. 1 / 2012  
         
  Article:   THE LEGAL NATURE OF COMPULSORY CAR INSURANCE CONTRACT.

Authors:  .
 
       
         
  Abstract:   The legal nature of compulsory car insurance contract. The large number of road accidents has created an enormous risk, so the damages produced by these accidents have become more anonymous because these causes are less and less localized in an act of a man, unlawful and culpable. So throughout this article I will focus on the interest of the victim who has suffered a car accident and the penalties to the author of the accident will be analyzed like a repair obligation. Due to the important social role that the car insurance has, it is practiced in all European States. The compulsory insurance contract covers the damages caused, by the author of the car accident or by the owner of the car involved in the accident, to the third party, victim of the accident. Basically, when an accident occurs, the payment obligation arising from the car accident will be extinguished by the insurer. The compulsory car insurance, governed by the principle of obligation, is based on a right given to the injured third parties, an immediate right which is offered by the law against the insurer to satisfy the debt consisting of a sum limited by the law. This type of contract is used as an instrument of public policy, based on the legal interest of protecting victims of traffic accidents. In the near future, the insurance contract will be looked like a mandatory law which governs the relationship of the parties involved in a car accident, a law which will be respected strictly, so the court will not be crowded with such cases. All the compensation problems arising from a car accident will be solved by the parties friendly. So the interest of the victim of a car accident will be protected.

Keywords: compulsory car insurance; Law number 136 of 29 December 1995 about insurance and reinsurance in Romania; the legal nature of the insurance contract; the obligation for compensation; the ex lege right, victim of the car accident, the payment obligation of the insurer.

Cuvinte cheie: contractul de asigurare auto obligatorie; Legea Nr. 136 din 29 decembrie 1995 privind asigurările si reasigurările in România; natura juridică a contractului de asigurare; obligația de despăgubire; dreptul ex lege, victima unui accident, obligatia de plata a asiguratorului.
 
         
     
         
         
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