International insurance contract law in the EC : proceedings of a comparative law conference held at the European University Institute, Florence, May 23-24, 1991
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International insurance contract law in the EC : proceedings of a comparative law conference held at the European University Institute, Florence, May 23-24, 1991
Kluwer Law and Taxation Publishers, c1993
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内容説明・目次
内容説明
This volume results from a colloquium on international insurance law, held on 23-24 May 1991 in Florence 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 EC 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; implementations of the Second Directive on Choice of Law; mandatory rules governing insurance contracts and private international law; and the law applicable to compulsory insurance and life assurance.
目次
- Opening address, Patrick Pearson - the EEC-treaty, proposal for a directive on insurance contacts, second non-life directive, third non-life directive, practical context
- a survey of international insurance contract laws within the EC, Fritz Reichert-Facilides - scope of the paper, community sources of law, national sources of law, conclusions and outlook
- party autonomy in international insurance contract law, Robin C.G.J. Morse - the Rome convention, the second non-life directive, the proposed third non-life directive, the second life directive, final observations
- first discussion report of 23 May 1991, Helmut Heiss - unification of material insurance contract law, problems of the directive law
- article 59 EEC-treaty and its implications for conflicts law in the field of insurance contracts, Wulf-Henning Roth - community law and its influence on conflicts law, freedom to provide services-basic issues, implications for community conflicts law
- implementation of the second directive on choice of law issues - the French statute of December 31, 1989, Bernard Audit - the choices made, the unilateral format of the rules
- second discussion report of 23 May 1991, Bernhard Rudisch - harmonisation of substantive insurance contract law, disparity among European and national conflict-of-laws bodies, transposition of the directive conflict-of-laws rules, renvoi, article 59 of the EEC-treaty and the directives PIL, esp. articles 24 and 25 of the third non-life directive draft, application of foreign law - "mandatory rules", consumer protection rules in the Rome convention and the directive law
- mandatory rules governing insurance contracts and private international law, Ole Lando - the conflicting policies, the maze, the illustration, compulsory insurance, protecting the "general good", evaluation
- the law applicable to compulsory insurance and life assurance - some peculiarities, Marc Fallon - compulsory insurance, life assurance
- third discussion report of 24 May 1991, Helmut Heiss - Depecage, effect of different laws on premium rates?, compulsory insurance, life assurance, mandatory rules, etc., further aspects
- the evolution of community law on services, with special reference to financial services and consumer protection, Norbert Reich - some general remarks, community laws' so-called "negative" impact on contracts for services, restrictions still justified under community law, protection under private international law - some examples
- observations from a third country on the development of international insurance contract law within the EC, Anton K. Schnyder - European insurance market and countries outside the EC, international insurance contract law in the EC
- fourth discussion report of 24 May 1991, Bernhard Rudisch - arbitration, the PIL connecting factor of insurance contracts, method of legislation and quality of law. (Part contents).
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