Tokareva V. Legal relations of insurance of art objects, collectables and antiques under the Civil Law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U001816

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

11-03-2011

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis explores theoretical aspects of creation of the legal framework for insurance of art objects, collectables and antiques as a type of property insurance that is emerging in Ukraine and has its own specific characteristics. The author determines key forms of insurance of art objects, collectables and antiques and suggests criteria for further systematization. The structure of legal relations of insurance of art objects, collectables and antiques has been determined and includes four components: 1) legal facts (grounds for creating, changing and stopping legal relations); 2) the subjects of legal relations; 3) the object; 4) content of legal relations. The author has identified specific nature of art objects, collectables and antiques insurance contracts which means that an object has no market value until an appraisal takes place and a certificate is issued stating authenticity and value of the object. The author has discovered and listed risk events which may not be recognized as such by insurance contracts for art objects, collectables and antiques. The thesis outlines contents and structure of insurance contracts for art objects, collectables and antiques as a type of property insurance contracts and sheds light on the rules of implementation of such agreements. The basis and procedures for termination of insurance contracts for art objects, collectables and antiques have been explored. The thesis provides concrete proposals and practical recommendations for amending current legislation on insurance of art objects, collectables and antiques under the Civil Law of Ukraine.

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