IMPACT OF THE RISK INSURED INCREASE ON THE RIGTHS AND DUTIES FROM INSURANCE CONTRACT IN GERMAN, FRENCH, CZECH AND SERBIAN LAWS

Abstract

Author analyzes increase of the risk being object of insurance and the way this affects rights and obligations of the contractual parties from insurance contract. For such specified goal, author decided to compare legal solutions of the few EU member states against Serbian legislation. Hence, author analyzes duty of the policyholder to advise insurer about risk increase, policyholder right to premium reduction and right to cancel insurance contract due to premium increase. Particular attention was given to the insurer right to demand higher premium, right to full premium amount, right to terminate insurance contract and right to be released from liability. Results of his research show desirable direction of the Serbian insurance law reform in the Draft Civil Code of Republic of Serbia.