Insurance in Private International Law : A European Perspective.

Half Title Page -- Title Page -- Title verso -- Preface -- Acknowledgements -- Contents -- Table of Cases -- Abbreviations -- Part I: The Substantive Law Background in Europe and its Significance for Private International Law -- 1. The Substantive Law in Europe -- 1. INTRODUCTION -- 2. THE EU INSURANCE MARKET -- 3. THE TREATY OF ROME -- 4. THE 1993 UNFAIR CONTRACT TERMS DIRECTIVE -- 5. REINSURANCE -- 6. THE FIRST NON LIFE INSURANCE DIRECTIVE -- 7. THE FIRST LIFE INSURANCE DIRECTIVE -- 8. THE CO-INSURANCE DIRECTIVE -- 9. THE SECOND NON LIFE INSURANCE DIRECTIVE -- 10. THE SECOND LIFE INSURANCE DIRECTIVE -- 11. INSURANCE COMPANIES FROM THIRD COUNTRIES -- 12. THE 'THIRD GENERATION' INSURANCE DIRECTIVES -- 13. THE THIRD NON LIFE INSURANCE DIRECTIVE -- 14. THE THIRD LIFE INSURANCE DIRECTIVE -- 15. THE 'GENERAL GOOD' IN THE THIRD INSURANCE DIRECTIVES -- 16. THE EUROPEAN SUBSTANTIVE LAW FOR INTERMEDIARIES -- 17. ARE THE EC DIRECTIVES PRO-INSURED? -- 2. The Significance of the Substantive Law Background for Private International Law -- 1. IDENTIFYING THE PROBLEMS -- 3. General Remarks on Insurance Conflict of Laws -- 1. THE MAJOR IMPORTANCE OF CHOICE OF LAW QUESTIONS IN INSURANCE LAW -- 2. POLICY CONSIDERATIONS: WHAT HAS TO BE ACHIEVED BY PRIVATE INTERNATIONAL LAW RULES IN THE FIELDS OF INSURANCE AND REINSURANCE? -- 3. POLICY ISSUES: THE CONNECTING FACTORS -- 4. SPECIFIC FEATURES OF CONFLICTS RULES IN INTERNATIONAL INSURANCE LAW -- 4. Admission of Insurance and Reinsurance Services and Products to the EU Market - Conflict of Laws Issues -- 1. INTRODUCTION -- 2. ADMISSION OF INSURANCE AND REINSURANCE SERVICES AND PRODUCTS -- 3. COMMUNICATION -- 4. OTHER ISSUES -- 5. LIABILITY -- 6. THE IMPACT OF NEW TECHNOLOGIES ON THE ADMISSION OF INSURANCE AND REINSURANCE PRODUCTS TO THE EC INSURANCE MARKET -- 7. FINAL REMARKS.

Part II: Jurisdictional Recognition and Enforcement of Judgments Problems and Possible Solutions -- 5. The Special Rules in the Brussels Regulation and Lugano Convention for Insurance and Reinsurance Disputes -- 1. WHICH SET OF RULES WILL APPLY IN INSURANCE CASES? -- 2. JURISDICTION UNDER THE BRUSSELS REGULATION AND LUGANO CONVENTION -- 3. THE OBJECTIVES OF THE SPECIAL RULES ON JURISDICTION AGREEMENTS IN INSURANCE MATTERS -- 6. Recognition and Enforcement of Judgments in Insurance and Reinsurance Matters -- 1. WHEN WILL THE BRUSSELS REGULATION AND THE LUGANO CONVENTION APPLY? -- 2. THE SCOPE OF THE BRUSSELS REGULATION -- 3. RECOGNITION OF THE FOREIGN JUDGMENT -- 4. HOW PROBLEMS ARISE IN INSURANCE AND REINSURANCE CASES -- 7. Forum Shopping -- 1. INTRODUCTION -- 2. REASONS TO FORUM SHOP -- 3. FORUM SHOPPING WITHIN THE EUROPEAN UNION IN INSURANCE CASES -- Part III: The Law Applicable to Insurance and Reinsurance Contracts Under the 1980 Rome Convention and the EC Insurance Directives -- 8. The 1980 Rome Convention and the Law Applicable to Insurance and Reinsurance Contracts -- 1. WHICH SET OF RULES WILL APPLY TO INSURANCE AND REINSURANCE CONTRACTS? -- 2. THE DEFINITION OF 'RISK' IN THE ROME CONVENTION -- 3. THE LAW APPLICABLE TO THE INSURANCE POLICY -- 4. THE EXPRESS CHOICE OF THE LAW APPLICABLE TO INSURANCE AND REINSURANCE CONTRACTS -- 5. DOES THE LEX MERCATORIA APPLY TO REINSURANCE CONTRACTS AND INSURANCE CONTRACTS COVERING RISKS SITUATED OUTSIDE THE TERRITORIES OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY? -- 6. DÉPEÇAGE OF INSURANCE AND REINSURANCE CONTRACTS -- 7. THE LAW APPLICABLE TO INSURANCE AND REINSURANCE CONTRACTS IN THE ABSENCE OF AN EXPRESS CHOICE -- 8. THE LAW APPLICABLE TO INSURANCE AND REINSURANCE CONTRACTS IN THE ABSENCE OF A CHOICE -- 9. THE CHARACTERISTIC PERFORMANCE OF INSURANCE AND REINSURANCE CONTRACTS.

10. THE ROME CONVENTION AND THE LAW APPLICABLE TO CO-INSURANCE CONTRACTS -- 11. THE LAW APPLICABLE TO INSURANCE CONTRACTS CONCLUDED BY CONSUMERS -- 12. THE LAW APPLICABLE TO MULTIPLE RISK POLICIES -- 13. EVASION OF LAW -- 14. THE APPLICATION OF MANDATORY RULES TO INSURANCE AND REINSURANCE CONTRACTS -- 15. PUBLIC POLICY QUESTIONS -- 16. THE SPHERE OF THE LEX CONTRACTUS 'RATIONE MATERIAE': ARTICLE 10(1) -- 17. THE LAW APPLICABLE TO THE FORMATION AND THE VALIDITY OF THE INSURANCE AND REINSURANCE CONTRACTS -- 18. ARTICLE 8 OF THE ROME CONVENTION: THE FORMATION OF THE INSURANCE CONTRACT -- 19. ARTICLE 8 OF THE ROME CONVENTION: THE VALIDITY OF THE INSURANCE CONTRACT -- 20. THE LAW OF THE PLACE OF PERFORMANCE (LEX LOCI SOLUTIONIS) AND INSURANCE AND REINSURANCE CONTRACTS -- 21. THE LAW APPLICABLE TO THE INTERPRETATION OF INSURANCE AND REINSURANCE CONTRACTS -- 22. THE SPHERE OF THE LAW APPLICABLE TO THE INSURANCE CONTRACT 'RATIONE PERSONAE' -- 23. THE LAW APPLICABLE TO THE FORM OF INSURANCE AND REINSURANCE CONTRACTS -- 24. THE IMPACT OF ARTICLES 9 (FORM) AND 14 (BURDEN OF PROOF) ON THE NATIONAL RULES OF INSURANCE CONTRACTS: EXAMPLE OF IMPACT ON CIVIL LAW SYSTEMS -- 25. THE LAW APPLICABLE TO THE 'DIRECT ACTION' OF THE VICTIM AGAINST THE INSURER OF THE PERSON LIABLE -- 26. THE APPLICABLE LAW TO THE SUBROGATION OF THE INSURER -- 27. THE RELATIONSHIP BETWEEN ARTICLES 13 (SUBROGATION) AND 6 (INDIVIDUAL EMPLOYMENT CONTRACTS) -- 28. THE LAW APPLICABLE TO INSURANCE WARRANTIES -- 29. RENVOI -- 30. INCAPACITY -- 31. VOLUNTARY ASSIGNMENT OF CREDITS -- 32. EVALUATION -- 33. OPTIONS FOR REFORM -- 9. The Choice of Law Rules in the Second and Third Non-Life Directives -- 1. INTRODUCTION -- 2. SCHEME OF THE SET OF CHOICE OF LAW RULES IN THE SECOND AND THIRD NON-LIFE INSURANCE DIRECTIVES -- 3. SCHEME OF THE CHOICE OF LAW RULES IN THE SECOND NON-LIFE INSURANCE DIRECTIVE.

4. SCHEME OF THE CHOICE OF LAW RULES IN THE THIRD NON-LIFE INSURANCE DIRECTIVE -- 5. THE DEFINITION OF 'MASS RISKS' AND 'LARGE RISKS' -- 6. THE SCOPE OF APPLICATION -- 7. THE PROBLEM OF CHARACTERISATION IN THE INSURANCE DIRECTIVES -- 8. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING A RISK SITUATED IN THE MEMBER STATE WHERE THE POLICYHOLDER HAS HIS HABITUAL RESIDENCE OR ITS CENTRAL ADMINISTRATION -- 9. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING A RISK SITUATED IN A MEMBER STATE WHERE THE POLICYHOLDER IS NOT HABITUALLY RESIDENT -- 10. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING RISKS SITUATED IN DIFFERENT MEMBER STATES -- 11. WHERE THE MEMBER STATES INDICATED IN ARTICLE 7(1) (B) AND (C) GRANT THE PARTIES GREATER FREEDOM TO CHOOSE THE GOVERNING LAW OF THE CONTRACT -- 12. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING RISKS WHICH ARE LIMITED TO EVENTS OCCURRING IN ONE MEMBER STATE OTHER THAN THE ONE IN WHICH THE RISK IS SITUATED -- 13. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING 'LARGE RISKS' -- 14. THE LAW APPLICABLE IN THE ABSENCE OF A CHOICE OR A VALID CHOICE -- 15. DÉPEÇAGE -- 16. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING RISKS SITUATED WITHIN AND OUTSIDE THE TERRITORIES OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY -- 17. THE 'GENERAL PROVISIONS OF PRIVATE INTERNATIONAL LAW': ARTICLE 7(3) -- 18. DOES ARTICLE 5 OF THE ROME CONVENTION APPLY TO THE INSURANCE CONTRACTS REFERRED TO BY THE SECOND NON-LIFE DIRECTIVE? -- 19. MANDATORY RULES: ARTICLE 7(1)(G) -- 20. MANDATORY RULES: ARTICLE 7(2)(1) -- 21. MANDATORY RULES: ARTICLE 7(2)(2) -- 22. THE RELATIONSHIP BETWEEN PUBLIC LAW PROVISIONS AND CHOICE OF LAW RULES IN THE SECOND NON-LIFE INSURANCE DIRECTIVE -- 23. SOME REMARKS ON THE CONFLICT OF LAWS ISSUES ARISING FROM BAD FAITH INSURANCE -- 24. EVALUATION.

25. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING 'LARGE RISKS': ARTICLE 27 -- 26. THE LAW APPLICABLE TO INSURANCE CONTRACTS COVERING 'MASS RISKS': ARTICLE 28 -- 27. THE RELATIONSHIP BETWEEN MANDATORY RULES AND 'GENERAL GOOD' -- 28. THE RELATIONSHIP BETWEEN ARTICLES 28 AND 7(1)(A), (B), (C), (D), (E) OF THE SECOND NON-LIFE DIRECTIVE -- 29. FROM THE FREE CHOICE OF LAW RULE TO THE 'AWARE CHOICE OF LAW' PRINCIPLE: ARTICLE 31(1), (2), (3) -- 30. EVALUATION -- 31. OPTIONS FOR REFORM -- 10. The Applicable Law Under the Second and Third Life Assurance Directives -- 1. INTRODUCTION -- 2. SCHEME OF THE SET OF CHOICE OF LAW PROVISIONS IN THE SECOND AND THIRD LIFE ASSURANCE DIRECTIVES. -- 3. THE RELEVANT CONNECTING FACTORS -- 4. WHERE THE MEMBER STATE OF THE COMMITMENT GRANTS THE PARTIES GREATER FREEDOM TO CHOOSE THE GOVERNING LAW OF THE CONTRACT -- 5. 'THE GENERAL PROVISIONS OF PRIVATE INTERNATIONAL LAW': ARTICLE 4, PARAGRAPH 5 -- 6. DÉPEÇAGE -- 7. DOES ARTICLE 5 OF THE ROME CONVENTION APPLY TO THE ASSURANCE CONTRACTS REFERRED TO BY THE SECOND LIFE ASSURANCE DIRECTIVE? -- 8. PUBLIC POLICY -- 9. MANDATORY RULES: ARTICLE 4(4) -- 10. THE SCOPE OF APPLICATION OF THE GOVERNING LAW OF THE CONTRACT -- 11. THE LAW APPLICABLE TO GROUP LIFE, HEALTH AND DISABILITY INSURANCE CONTRACTS -- 12. THE LAW APPLICABLE TO THE RIGHTS OF THE THIRD PARTY BENEFICIARY OF A LIFE ASSURANCE CONTRACT -- 13. SOME REMARKS ON THE CONFLICT OF LAWS ISSUES ARISING FROM THE SPECIAL CLAUSES INDICATING THE THIRD PARTY BENEFICIARY IN A LIFE ASSURANCE CONTRACT -- 14. THE LAW APPLICABLE TO LOANS CONTAINED IN LIFE INSURANCE POLICIES -- 15. THE RELATIONSHIP BETWEEN BUSINESS RULES AND CHOICE OF LAW PROVISIONS IN THE SECOND LIFE ASSURANCE DIRECTIVE -- 16. EVALUATION -- 11. The Implementation of the EC Choice of Law Provisions for Insurance Contracts in the United Kingdom -- 1. INTRODUCTORY REMARKS.

2. THE IMPLEMENTING ACTS OF THE ROME CONVENTION AND INSURANCE DIRECTIVES.

This book, aimed at academics and practitioners, provides a much-needed analysis of the choice of laws rules in the E.C. Insurance Directives.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.