The Importance of Insurance Premium Payment Moment, One of the Key Elements of Insurance Contract and the Respective Problematic

Abstract

The goal of this paperwork refers to civil specific legal insurance relationships, like premium payment. The motive to deal with this aspect comes because of various doctrinal interpretations and especially because of some legal situations which present problematics in its definition according to Albanian civil legislation which provides insurance contract and its interpretations encountered during the Albanian judicial practice. The questions coming up dealing this issue are: Depending on premium payment moment, how is the insurance contract classified, as a consensual or a real one? On the other side, depending on the answer of the first question, when an insurance contract is considered valid: when the deal is concluded or once the premium is paid? And in the end, according to the answers of the aforementioned questions, there comes an important issue, the one of determining the time when the insurer responsibility starts toward the insured, regarding the contract conclusion, as provided in Article 1124 of the Civil Code of Republic of Albania, or premium payment, either partial or full premium payment, which is the principal reasons that precedes the initial of insurer’s responsibility. This paperwork is basically relied on doctrinal interpretations regarding the abovementioned questions, the interpretation of Albanian Courts of Articles 1124 and 1125 of the Civil Code of Republic of Albania, and on courts decision upon these issues.