ON LEGAL ASPECTS OF RISKS AND INSURANCE POLICY IN THE PRELIMINARY DRAFT OF THE CIVIL CODE OF THE REPUBLIC OF SERBIA (2015)

       This article is a contribution to the public debate on the Preliminary Draft of the Civil Code of the Republic of Serbia published in mid-2015. The public hearing on this Preliminary Draft has entered the stage in which participants are expected to propose specific wordings of individual articles or paragraphs. With the help of scientific instruments, the author presented a detailed analysis of various legal aspects regarding two significant articles and several provisions on insurance laid out in this Preliminary Draft. Where the author did not agree with a provision contained in an Article of the Preliminary Draft, he sought to take a constructive attitude, i.e. he proposed an original improvement in the verbiage of the provisions contained in each of the two articles. As a rule, the suggestions were made after consulting the views of prominent scientists of SFRY and Serbia in the area of insurance law theory. However, particular wordings suggested by the author took the form of an independent contribution to the provisions on the legal aspects of risk and insurance policy contained in this Preliminary Draft.

Key words: Civil Code; Preliminary Draft; risk; insurance policy