CĂN CỨ BỒI THƯỜNG TRONG HỢP ĐỒNG BẢO HIỂM TÀI SẢN: BẤT CẬP VÀ GIẢI PHÁP HOÀN THIỆN

Abstract

The basis of indemnity in property insurance contracts constitutes the legal foundation for determining the scope and extent of the insurer’s liability to indemnify. The Law on Insurance Business 2022 has established fundamental principles, yet it still reveals significant shortcomings, such as the lack of clear conceptualization, the absence of unified criteria for asset valuation and loss assessment, the absence of a transparent mechanism for independent loss adjustment, and ineffective control over underinsurance. These deficiencies create risks of insurers imposing unfavorable calculations on policyholders, thereby increasing disputes and undermining the protective function of property insurance. On the basis of both theoretical and practical analysis, this article proposes legal reforms aimed at enhancing transparency, fairness, and effectiveness in property insurance contracts.