| Abstract [eng] |
This master's thesis analyzes the topic of ensuring the balance of the rights of the insured and the injured third party in the civil liability insurance and reviews both the material and procedural aspects of ensuring the rights. Legislation, conclusions in the doctrine made by various legal scholars and explanations of court practice are analyzed. This topic is revealed through an analysis of various doctrines, examining the extent to which each doctrine protects the rights of the injured third party, the insured. Examining this topic of the master's thesis, one of the most important principles of non-contractual civil liability - compensation - is revealed, as well as the connection between the content of this principle and the enforcement of the rights of the injured third party in civil liability insurance. This work analyzes the concept of civil liability insurance, the objectives of civil liability insurance. On the material side, the work reviews the doctrines of the privity of contracts, the contract in favor of a third party and direct action, identifies the advantages and disadvantages of each. Much attention is paid to the institute of direct action, which is relevant in Lithuania today, the lack of clear legal regulation and the principles of European insurance contract law, their interpretation and comparison with Lithuanian law. Proposals on the incorporation of European insurance contract law into both European Union extraordinary law and Lithuanian ordinary law are presented, as well as the use of European insurance contract law principles as a derivative of the freedom of contract is interpreted according to European insurance contract law principles. Among other procedural aspects, the master‘s thesis reviews the problems arising in the case law regarding the procedural status of the insured and the insurer after the claim of the injured third party under the institute of direct action, as well as the related problems with the evidentiary process. |
