Κατεύθυνση Ναυτικό ΔίκαιοLibrary of the School of Law
Δημήτριος Χριστοδούλου, Λέκτορας, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Ευθυμία Κινινή, Λέκτορας (υπό διορισμό), Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Νικόλαος Βερβεσός, Λέκτορας, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Η εγκατάλειψη των ασφαλισθέντων αντικειμένων στον ασφαλιστή
The abandonment of the subject-matters insured to the insurer
The basic principle of insurance law is the insurer’s obligation to indemnify any loss of or damage to the subject-matter insured that was caused by an insured peril and falls within the scope of the insured contract. Nevertheless, it is the insured’s obligation to prove the extent of the loss or the damage. However, in some instances, especially in maritime law, there is a difficulty to prove the loss because of special circumstances such as lack of communication for a long time. The problems that arise because of the inability to prove the loss result in the continuing of existence of the contract, even though the subject-matter insured may not exist or is so damaged that there is no commercial value to it. Thus, the doctrine of abandonment was established. This means that the insured has the right to recover a claim for total loss while the insurer is entitled to take over the subject-matter and any rights that arise from it.
In this dissertation, the doctrine of abandonment in Greek and in English law is discussed. The conditions that have to be met and the occasions of the abandonment as well as the results of it when it is implemented will be analysed. In the end, a critique of the doctrine and the problems that may arise from its implementation will be presented.
Main subject category:
Law and Legislation
Other subject categories:
maritime law, insurance law, abandonment
Number of index pages:
Διπλωματική εργασία Συκαρά Δανάη.pdf
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