Страховой интерес в страховании ущерба

Abstract

Article deals with the content of the concept ofinsurable interest proposed by the doctrine of law and enshrined in the legal acts of the Republic of Lithuania, as well as with changes of the approach of the legislator of Lithuania towards the insurable interest. The authors of the article point to the fact that in the legal acts of thg Republic of Lithuania, concepts of insurable interest under the different types of contracts of insurance of damages are formulated indefinitely: in some cases insurable interest is defined as a material losst in other cases - as a civil liability of a policyholder or insured person for damage caused by their illegal actions. In the opinion of the authors, indefinite, sometimes even contradictory to the predominant position of the legal doctrine formulation of the concept ofmsurable interest in the national legal acts should be corrected, as it results in divergent and quite controversial judicial practice in the field of disputes arising from contracts of insurance of damages. After the analysis of existent situation, the authors propose to clarify some provisions of insurance law, and withdraw the statutory determination of general concept of insurable interest, leaving the evaluation of content of the mentioned concept to the legal doctrine and judicial practice.