A medical insurance contract in the system of civil legal agreements of Ukraine

Abstract

In this article the author investigates a scientific discussion concerning taking of contract of insurance on the whole and to the medical insurance contract in particular to the type of service contracts. Issues of systematization of civil law contracts are related to the need to define criteria for dividing contractual types into certain classification groups. It is set on the basis of analysis, that in the system of civil legal agreements a medical insurance contract is the subspecies of contracts of insurance as to the kind within the limits of type of service contracts. The feature of this type of contracts consists in that a grant of service is inseparable from activity of the person that renders services, id est the grant of insurance service is inseparably related to activity of insurer, and the useful effect of such activity shows up in the process of grant of service. A result of activity, that comes true by a person that renders services, is a basic difference between obligations about the grant of services and obligations from implementation of works. Pointing in the civil legislation of the name of that or other civil legal agreement or pointing of sphere of his action can not testify to his legal adjusting. A contract can be characterized as unnamed, if his concept, substantial terms, right and duties parties, is not certain the acts of civil legislation and others like that.
 It is marked that at a conclusion and performing а medical insurance contract, as an unnamed contract, generals are used about services, envisaged by Civil Code of Ukraine, special norms, set in Civil Code of Ukraine and Law of Ukraine “On the insurance”, generals of obligation right.