of insurance claims in the russian maritime law. (salvador dali. the persistence of memory. 1931)...

of Insurance Claims in the Russian Maritime Law

(Salvador Dali. The Persistence of Memory. 1931)

Hill Dickinson. Moscow Seminar, 2010 - InJurService LLP 2

Art. 409.1 of the Merchant Shipping Code of the Russian Federation: ‘The obligations arising from […] the marine insurance contract […] are limited to a two-year period.’


Pablo Veronese. Saturn (Time) and History. 1560-61.

‘The expiration of a period of limitation of actions, that a party has requested be applied, is a basis for the rendering of a decision by the court to dismiss an action’ (Art.199.2 par. 2 of the Civil Code of Russia).


Art. 409 of the Merchant Shipping Code of Russia: ‘The said [limitation] period is calculated […]: 2) under the claims arising from marine insurance contract – from the date when the right of action accrues.’


When does the limitation period commence:

1. From the date of the loss?

2. From the date when the assured learns of the insurer’s refusal to settle the claim?


I. Is the right mature for enforcement following the occurrence of the conditions stipulated by the law?

II. Or does this right reach maturity following the claim of the assured, whereas the loss is but a necessary condition for the claim?


Leonardo da Vinci.Wise Man Studying Time. 1510

The time of accrual of the right of action is, in substantive meaning, the time when the limitation period commences (the right that has matured to a mandatory stage).


Art. 200.1 «Start of the Running of the Period of Limitation of Actions» of the Civil Code of Russia:

‘The running of the period of limitation of actions starts from the day when a person knew or should have known of the violation of his right. Exceptions from this rule are established by the present Code and other statutes’.


Pietro Liberi. Time Being Overcome by Truth. c. 1665.

The obligation to pay the assured’s loss is an obligation which the period of performance is defined as the time of demand.


Titian. The Allegory of Age. c. 1565–1570.

Art. 200.2 par. 2 of the Civil Code of Russia:

‘For obligations for which the period of performance is not defined or is defined as the time of demand, the running of the limitation of actions starts from the time when the right arises for the creditor to make a demand for performance of the obligation [...]’.


I. B. Novitskiy

Art. 314.2 par. 2 of the Civil Code of Russia applies for establishing of the commencement of the limitation period for the obligations with ‘forewarning’. (Novitskiy, I. B. uses this term in: Limitation Period, M., 1954).


‘In regard to the claims involving ‘forewarning’, the limitation period commences following the forewarning and the expiry of the ensuing grace period provided for the other party.’ (P. 173)


M. A. Gourvich

It is the ‘forewarning’ that allows the obligation to mature for enforcement – in M. A. Gourvich’s terms.


A loan obligation with an unspecified repayment period is an obligation with forewarning.

Otherwise the limitation period of such an obligation could expire before the commencement of the period of performance.

Delict and insurance obligations do not belong to this category.


‘Under a contract of marine insurance the insurer for a specified payment (insurance premium) assumes the obligation to compensate the assured or a third person named in the contract (beneficiary) for the incurred loss when the risk specified in the contract of marine insurance (insured event) occurs’.


‘Under a contract of property insurance one party (insurer) shall be obliged […] when the event ensues provided for in the contract (insured event) to compensate the other party (assured) or other person to whose benefit the contract was concluded (beneficiary) for losses caused as a consequence of this event […]’.


The law specifies the moment when the insurer’s obligation accrues.

Under the Art. 246 of the Merchant Shipping Code of Russia the assured can bring a lawful action against the insurer following the moment of occurrence of insured event.

That is, the rule stipulated in the Art. 200.2. par. 2 of the Civil Code of Russia applies: the limitation period starts to run following the insured event.


I. I. A. Akimov. Saturn Cutting Off the Cupid’s Wings. Allegory of Time Annihilating Love. 1802.

If the commencement of the limitation period were not linked to the insured event but, for example, to the demand, it could result in the possibility of a “everlasting action.”


Commentary on the Civil Code of the Russian Federation, Part One (in 3 vols., vol. 1), 3rd ed. By Abova, T. E., Kabalkin, A. J., Uright; 2006

Commentary on Art. 200


Commentary on the Civil Code of the Russian Federation, Part Two, 4th ed./ Ed. O. N. Sadikov, M., Contract, Infra-M, 2003

Commentary on Art. 966 by Sobakinskikh, A. V.


‘‘Art. 200.2 par. 2 [of the Civil Code] provides Art. 200.2 par. 2 [of the Civil Code] provides that when the time of obligations is that when the time of obligations is unspecified, the limitation period begins to run unspecified, the limitation period begins to run from the moment when the right arises with from the moment when the right arises with the creditor to present a demand concerning the creditor to present a demand concerning the performance of the obligation’.the performance of the obligation’.

‘‘The Art. 929 of the Civil Code of Russia The Art. 929 of the Civil Code of Russia provides that a contract of property insurance provides that a contract of property insurance binds the insurer to compensate the insured’s binds the insurer to compensate the insured’s loss following the occurrence of the event loss following the occurrence of the event stipulated by the contract (the insured event)stipulated by the contract (the insured event)’.’.


‘A direct corollary of the Art. 246 of Merchant Shipping Code of Russia and Art. 929 and 200.2 par. 2 of the Civil Code of Russia is that the material and legal essence of the right of action is the right to claim the insurance compensation from the insurer following the occurrence of the insured event. Thus the link between the start of the running of the limitation period and the occurrence of the insured event is due to the specific nature of the insurance commitment, its aleatory character’.

The Federal Arbitrazh Court of the Moscow District (FAC MD) upheld these awards.


Gerrit Dou. Still Life with Hourglass, Pencase, and Print. 1647.

Such understanding of the issue of commencement of the limitation period resolves the issue of the existence of the grace period, which starts to run following the demand (Art. 314.2 par. 2 of the Civil Code of Russia).


François Lemoine. Saturn (Time) Saving Truth from Falsehood and Envy. 1737.

Exemptions from the said generalisation may apply in cases where the insurer could not immediately learn of the occurrence of the insured event (Art. 200.1 of the Civil Code of Russia).


Agostino di Duccio. Saturn (Time). c. 1456.

The practice of the Russian state courts also tends to this position.

The cassation courts relate the running of the limitation period to the occurrence of the insured event or to the time when the assured discovers it.


FAC MD 13.11.07 # KG-A40/10622-07FAC MD 13.11.07 # KG-A40/10622-07 FAC MD 31.07.07 # KG-A40/7266-07FAC MD 31.07.07 # KG-A40/7266-07 FAC MD 25.06.07 # KG-A40/5845-07FAC MD 25.06.07 # KG-A40/5845-07 FAC MD 07.02.07 # KG-A40/13594-07FAC MD 07.02.07 # KG-A40/13594-07 FAC WSD 15.05.07 # F04-2742/2007 FAC WSD 15.05.07 # F04-2742/2007

(33954-A45-8)(33954-A45-8) FAC UD 20.09.07 # F09-7250/07-S5FAC UD 20.09.07 # F09-7250/07-S5 FAC WSD 09.11.07 # A56-42308/2006FAC WSD 09.11.07 # A56-42308/2006


An indemnitor is held to promise to keep An indemnitor is held to promise to keep the indemnitee free from the specified loss the indemnitee free from the specified loss or expense. On the occurrence of such loss or expense. On the occurrence of such loss or expense, therefore, the indemnitor is in or expense, therefore, the indemnitor is in breach of it primary obligation. breach of it primary obligation.

Court of Appeal. Court of Appeal. Firma C – Trade SA v Firma C – Trade SA v Newcastle Protection & Indemnity Newcastle Protection & Indemnity Association (The Fanti)Association (The Fanti) (1991). (1991).


of insurance claims in the russian maritime law. (salvador dali. the persistence of memory. 1931)...

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