Умысел в страховании. Минус на минус дает плюс. К практике применения п.9 ст.24.1 Закона о банкротстве
This paper considers the practice of applying сlause 9, аrticle 24.1 of the Federal Law «On Insolvency (Bankruptcy)», which was adopted by the Economic Division of the RF Supreme Court in 2017. The norm in question is analysed and it is shown that because of its insufficient elaboration by the legislator, the social and economic significance of compulsory liability insurance of bankruptcy claims administrator was largely lost. The Economic Division managed to restore the socio-economic meaning of the said relations, though making some mistakes in its interpretation of insurance law provisions. This suggests that the situation in domestic insurance law, in terms of both law-making and law enforcement, is far from being normal.
The paper studies a problem of optimal insurer’s choice of a risk-sharing policy in a dynamic risk model, so-called Cramer-Lundberg process, over infinite time interval. Additional constraints are imposed on residual risks of insureds: on mean value or with probability one. An optimal control problem of minimizing a functional of the form of variation coefficient is solved. We show that: in the first case the optimum is achieved at stop loss insurance policies, in the second case the optimal insurance is a combination of stop loss and deductible policies. It is proved that the obtained results can be easily applied to problems with other optimization criteria: maximization of long-run utility and minimization of probability of a deviation from mean trajectory.
A singular boundary value problem for a second order linear integrodifferential equation with Volterra and nonVolterra integral operators is formulated and analyzed. The problem arises in the study of the survival probability of an insurance company over infinite time (as a function of its initial surplus) in a dynamic insurance model that is a modification of the classical Cramer–Lundberg model with a stochastic process rate of premium under a certain investment strategy in the financial market.
The chapter studies a dynamic risk model defined on infinite time interval, where both insurance and per-claim reinsurance policies are chosen by the insurer in order to minimize a functional of the form of variation coefficient under constraints imposed with probability one on insured's and reinsurer's risks. We show that the optimum is achieved at constant policies, the optimal reinsurance is a partial stop loss reinsurance and the optimal insurance is a combination of stop loss and deductible policies. The results are illustrated by a numerical example involving uniformly distributed claim sizes.
The monograph includes selected articles of the studies on the theory and practice of insurance and risk management in Russia and abroad. The modern condition and perspective directions of scientific researches in the field of insurance, risk management insurance education. The monograph allows to obtain a fairly complete picture of the most pressing issues in the field of insurance business, as well as about directions of finding possible answers to them. The book is intended for senior students, postgraduates and teachers of economic universities, researchers and practitioners interested in the issues of insurance, risk management, and insurance.
The concept of economic equilibrium under uncertainty is applied to a model of insurance market where, in distinction to the classic Borch's model of a reinsurance market, risk exchanges are allowed between the insurer and each insured only, not among insureds themselves. Conditions characterizing an equilibrium are found. A variant of the conditions, based on the Pareto optimality notion and involving risk aversion functions of the agents, is derived. An existence theorem is proved. Computation of the market premiums and optimal indemnities is illustrated by an example with exponential utility functions.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/