The Implementation Provisions of the EC Choice of Law Rules for Insurance Contracts PDF Download
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Author: Marco Frigessi di Rattalma
Publisher:
ISBN: 9789041120540
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
The private international law rules for insurance contracts in the European Insurance Directives are of great importance for every lawyer involved in international business. These provisions become relevant whenever one is dealing with insurance products in a European context. These rules which apply to insurance contracts covering risks situated in the territories of the Member States of the European Community have currently been implemented by all the Member States of the European Union. The purpose of this book is to analyse the implementation rules of these choice of laws provisions in all the member States of the European Union. This Volume concentrates on seven major States such as Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom. Seven expert reports give an overview of the current state of the law. Insights are given into national practice and theoretical aspects are not neglected. This work is a unique collection which both scholars and practitioners will find to be an invaluable source of reference in order to understand the complicated issues arising where cross border transactions occur in the field of insurance. Contributors: Dr. N. Auclair, University of Paris XI, France ; Professor P. Blanco Morales Limones, University of Extremadura, Spain ; Professor B. Dubuisson, Université Catholique de Louvain, Belgium ; Professor M. Frigessi di Rattalma, University of Brescia, Italy; Professor Burkhard Heß, University of Tübingen, Germany; Dr. Torsten Hub, University of Tübingen, Germany; Dr. M. Koppenol-Laforce, Erasmus University, The Netherlands; Dr. I. MacNeil, University of Aberdeen, United Kingdom; Dr. F. Seatzu, University of Cagliari, Italy.
Author: Marco Frigessi di Rattalma
Publisher:
ISBN: 9789041120540
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
The private international law rules for insurance contracts in the European Insurance Directives are of great importance for every lawyer involved in international business. These provisions become relevant whenever one is dealing with insurance products in a European context. These rules which apply to insurance contracts covering risks situated in the territories of the Member States of the European Community have currently been implemented by all the Member States of the European Union. The purpose of this book is to analyse the implementation rules of these choice of laws provisions in all the member States of the European Union. This Volume concentrates on seven major States such as Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom. Seven expert reports give an overview of the current state of the law. Insights are given into national practice and theoretical aspects are not neglected. This work is a unique collection which both scholars and practitioners will find to be an invaluable source of reference in order to understand the complicated issues arising where cross border transactions occur in the field of insurance. Contributors: Dr. N. Auclair, University of Paris XI, France ; Professor P. Blanco Morales Limones, University of Extremadura, Spain ; Professor B. Dubuisson, Université Catholique de Louvain, Belgium ; Professor M. Frigessi di Rattalma, University of Brescia, Italy; Professor Burkhard Heß, University of Tübingen, Germany; Dr. Torsten Hub, University of Tübingen, Germany; Dr. M. Koppenol-Laforce, Erasmus University, The Netherlands; Dr. I. MacNeil, University of Aberdeen, United Kingdom; Dr. F. Seatzu, University of Cagliari, Italy.
Author:
Publisher:
ISBN:
Category :
Languages : de
Pages : 861
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Book Description
Author: European University Institute
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 286
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Book Description
This text comprises issues discussed at a colloquium on international insurance law, held on 23-24 May 1991 in Florence (Italy) at the European University Institute. One of its central themes concerns the tensions between the generally accepted theoretical tenets of private international law and the perspective of the E.C. legal order. Other issues discussed include: The EC Treaty International Insurance Contract Laws within the EC Party Autonomy in International Insurance Contract Law Article 59 EEC-Treaty and its Implications for Conflicts Law in the field of Insurance Contracts Implementation of the Second Directive on Choice of Law Mandatory Rules Governing Insurance Contracts and Private International Law The Law Applicable to Compulsory Insurance and Life Assurance The Evolution of Community Law on Services, with Special Reference to Financial Services and Consumer Protection Observation from a Third Country on the Development of International Insurance Contract Law within the EC Synopsis of the Colloquy and Prospects for International Insurance Contract Legislation within the EC Discussion Reports
Author: Francesco Seatzu
Publisher: Bloomsbury Publishing
ISBN: 1847311091
Category : Law
Languages : en
Pages : 346
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Book Description
This book provides a much-needed analysis of this very important subject for international business lawyers,including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means. This book is the first published in England to devote itself to a detailed analysis of the choice of laws rules in the E.C. Insurance Directives. It is aimed at academics and practitioners, at private international lawyers and at insurance lawyers. The private international law rules of the E.C. Insurance Directives deal with the applicable law to insurance contracts covering risks situated within the EU. They do not deal with the applicable law to reinsurance contracts and insurance contracts covering risks situated outside the EU. This should be ascertained by reference to the choice of laws provisions in the 1980 Rome Convention on the law applicable to contractual obligations. Detailed discussion of these rules is also provided, and proposals for reform suggested.
Author: Francesco Seatzu
Publisher: Hart Publishing
ISBN: 1841133353
Category : Law
Languages : en
Pages : 346
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Book Description
This volume provides an analysis of insurance in private international law for international business lawyers, including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means.
Author: Project Group Restatement of European Insurance Contract Law
Publisher: sellier. european law publ.
ISBN: 3866530692
Category : Insurance law
Languages : en
Pages : 737
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Book Description
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
Author: Pierpaolo Marano
Publisher: Springer Nature
ISBN: 3030311988
Category : Law
Languages : en
Pages : 714
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Book Description
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Author: Belmont European Community Law Office
Publisher:
ISBN:
Category : Insurance
Languages : en
Pages : 166
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Book Description
Author: Franco Ferrari
Publisher: sellier. european law publ.
ISBN: 386653115X
Category : Law
Languages : en
Pages : 393
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Book Description
In Europe, will the new Rome I Regulation meet its goals, which include: improving the predictability of the outcome of litigation, bringing certainty as to the law applicable and the free movement of judgments, and designating the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument are outlined and discussed in this book, which is a product of the conference "The Rome I Regulation," held in Verona in March 2009, and attended by legal experts from Europe and beyond. The book contains a collection of papers submitted at the conference.
Author: Gralf-Peter Calliess
Publisher: Kluwer Law International B.V.
ISBN: 9403509147
Category : Law
Languages : en
Pages : 980
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Book Description
The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
