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Actual problems of Russian law
Reference:

Baturova, E.A. Legal grounds for the refusal of the insurer to pay the insurance money in the European law

Abstract: The key provisions of this article are devoted to the analysis of the norms of the European law on the application of norms on unilateral refusal by one party to fulfill its obligations in the insurance contracts. The comparative analysis is made based on materials on two states: the Great Britain and Germany. Much attention is paid to the correlation between the grounds for the right of the party to avoid performance unilaterally under the contracts and the lack of due performance of contractual obligations by the other party.


Keywords:

jurisprudence, the European law, the insurance contract, refusal to fulfill obligations, grounds for the right of one party to avoid performance under the contract.


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This article written in Russian. You can find original text of the article here .
References
1. Emel'yantsev V.P. Osnovnye ponyatiya strakhovogo pravootnosheniya po zakonodatel'stvu Germa-nii // Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedeniya. 2010. ¹ 2.
2. Brotherton v Aseguradore Colseguros SA, 2003, EWCA Civ 705. P. 53.
3. John Birds. Birds’ Modern Insurance Law. S&M, 2007. P. 78