Some Issues of Proof in Insurance Disputes in the Conditions of Digital Transformation of Law in Russia

The objective of the research in the article below is to identify the features of methods of proof in insurance disputes in the context of digital transformation of law. The active introduction of online technologies, due to the development of the economy, digitalization, and the pandemic, affected the insurance industry and initiated the implementation of a new model for concluding insurance contracts and exchanging documents in the process of their execution. The adaptation period for creating optimal legal structures of electronic insurance contracts and the sequence of actions has formulated a pool of issues requiring legal analysis at the doctrinal and law enforcement levels. The analysis of judicial practice in 2020–2021 shows that the subject of proof in insurance disputes has expanded and included the conditions for the conclusion of contracts. Also, the number of disputes on the invalidity of insurance contracts as a way to protect against forms of abuse of rights by insured people has increased greatly. The development of a standard of proof for this category contributes to the unification of judicial practice and improves the current legal regulation mechanism. © 2022, The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.

Publisher
Springer Science and Business Media Deutschland GmbH
Language
English
Pages
85-91
Status
Published
Volume
288
Year
2022
Organizations
  • 1 Department of Civil Law and Procedure and International Private Law, RUDN University, 6 Miklukho-Maklaya str., Moscow, 117198, Russian Federation
Keywords
Conclusion; Digital transformation of law; Insurance contract; Insurance dispute; Invalidity; Proof; Subject of proof
Share

Other records