Baturova, E.A. Specific legal features of the unilateral avoidance of implementation of obligations (refusal to pay insurance compensation) in personal insurance

Abstract: The key provisions of this article are devoted to the right to unilateral avoidance of performance under the contract in personal insurance. The author provides detailed analysis of the lawfulness of contract clauses on such avoidance on the grounds which are not provided by the current legislation, such as cases, when the insured person took alcohol, toxic, narcotic, psychoactive and potent substances without medical prescription, the insured person did professional sports, if this type of sport caused this person’s death, insured person committed a crime, and this crime was directly connected with the insurable event. The article also includes detailed analysis of application of the Art. 963 of the Civil Code of the Russian Federation to the personal insurance contracts, the author views the issues regarding insurable events taking place due to the gross negligence of an insured person.

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