The issue of applying the provisions of the civil code to determine some consequences of the relationship between the payer and the insured from the point of view of assuming the rationality of the legislator

Abstract

The article analyses the problem of admissibility and legal grounds for the payer to claim from the insured the return of a part of the premium paid from the payer’s own resources, which according to the Act is financed by the insured. The study attempts to assess whether there is a gap in social insurance law in this case, or whether it can be based on another basis — by applying the provisions of the Civil Code on unjust enrichment or third party performance — to formulate an appropriate recourse claim of the contribution payer against the insured. Assumptions about the legislator’s linguistic and axiological rationality were made as a reference point for the considerations and in-terpretations of legal provisions.