SECURING FUNCTIONS OF LINKED CONTRACTS
UDC 351.712
Mróz Teresa,
Prof. dr hab. Department of Civil Law Faculty of Law,
University in Bialystok
SECURING FUNCTIONS OF LINKED CONTRACTS
Background. Development of market economy demands increase of the role of legal security of claims. There are appearing new ways of securing claims and risks that result from obligations of various legal titles. New legal constructions adjusted to needs of economy, whose aim is to secure claims, are created by intention of participants of legal turnover or by legislator’s intention. In the current economic reality and crisis phenomena, contracts that are related to each other are concluded, so-called linked contracts (coupled).
Review of scientific sources. Positions used in this article mainly concern economic insurance. The scope of scientific literature concern bridging insurance is still narrow but research that are being conducted will result in more and more publications within this issue.
The purpose of the article is to show examples of increasing role of legal constructions of security in market economy and to notice the need to balance and protect interests of both parties of the contract of economic insurance, as these contracts do not always regard interests of both sides equally.
Results. Legal protection of the interests of economically weaker individuals aiming to satisfy their needs of the basic character, is realized by special legal regulation. Classic legal structures occur to be insufficient.
Conclusions. The market economy is accompanied by the dynamics of functioning legal institutions with securing character, as well as creating new ones. Nowadays entrepreneurs and consumers benefit from bank credits in a massive way. A common way to protect credits became so-called bridging insurance associated with granting credit. They play an important role in the scope of increasing risk burdening the lender.
Keywords: Economic risk, contract, security of claims, obligatory insurance, security of credit, escrow account, insurance guaranty.
SECURING FUNCTIONS OF LINKED CONTRACTS
Mróz Teresa,
Prof. dr hab. Department of Civil Law Faculty of Law,
University in Bialystok
SECURING FUNCTIONS OF LINKED CONTRACTS
Background. Development of market economy demands increase of the role of legal security of claims. There are appearing new ways of securing claims and risks that result from obligations of various legal titles. New legal constructions adjusted to needs of economy, whose aim is to secure claims, are created by intention of participants of legal turnover or by legislator’s intention. In the current economic reality and crisis phenomena, contracts that are related to each other are concluded, so-called linked contracts (coupled).
Review of scientific sources. Positions used in this article mainly concern economic insurance. The scope of scientific literature concern bridging insurance is still narrow but research that are being conducted will result in more and more publications within this issue.
The purpose of the article is to show examples of increasing role of legal constructions of security in market economy and to notice the need to balance and protect interests of both parties of the contract of economic insurance, as these contracts do not always regard interests of both sides equally.
Results. Legal protection of the interests of economically weaker individuals aiming to satisfy their needs of the basic character, is realized by special legal regulation. Classic legal structures occur to be insufficient.
Conclusions. The market economy is accompanied by the dynamics of functioning legal institutions with securing character, as well as creating new ones. Nowadays entrepreneurs and consumers benefit from bank credits in a massive way. A common way to protect credits became so-called bridging insurance associated with granting credit. They play an important role in the scope of increasing risk burdening the lender.
Keywords: Economic risk, contract, security of claims, obligatory insurance, security of credit, escrow account, insurance guaranty.
SECURING FUNCTIONS OF LINKED CONTRACTS