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Author: Publisher: Walter de Gruyter ISBN: 3866538537 Category : Law Languages : en Pages : 737
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, Slovak, Spanish and Swedish. A short introduction sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relate to the overall Draft Common Frame of Reference, 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: Publisher: Walter de Gruyter ISBN: 3866538537 Category : Law Languages : en Pages : 737
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, Slovak, Spanish and Swedish. A short introduction sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relate to the overall Draft Common Frame of Reference, 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: Project Group Restatement of European Insurance Contract Law Publisher: Walter de Gruyter ISBN: 3866539452 Category : Law Languages : en Pages : 161
Book Description
Following the publication of the Principles of European Insurance Contract Law (PEICL) in 2009, there has been significant political and academic discussion on their possible use as an optional instrument. Experts' views on this topic were exchanged at a conference held in Vienna in January 2010. The distinguished speakers represented European politics, legal science, insurance industry, insurance intermediaries and consumers. These independent experts, who were not involved in drafting the PEICL, presented their critical, unbiased opinions on the project. This volume presents the proceedings of the Vienna conference. It also includes a postscript in commemoration of the late Professor Dr. Fritz Reichert-Facilides, whose visionary ideas led to the creation of the Project Group "Restatement of European Insurance Contract Law" and to the drafting of the PEICL.
Author: Publisher: ISBN: Category : Languages : en Pages : 19
Book Description
This note briefly outlines the objectives pursued and the approach adopted by the Project Group on a "Restatement of European Insurance Contract Law". Furthermore, it provides an overview of the structure and content of the Principles of European Insurance Contract Law (PEICL), which present the first fully developed model for an Optional Instrument in Europe. According to the author, the PEICL provide the European legislator with a tool to overcome obstacles to the internal insurance market, which are formed by the often mandatory character of insurance contract law. Lastly, the note assesses which provisions of the Treaty on the Functioning of the European Union could be used as the legal basis for enacting an optional instrument of European Insurance Contract Law.
Author: Attila Fenyves Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110486172 Category : Law Languages : en Pages : 580
Book Description
Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems
Author: Pierpaolo Marano Publisher: Springer Nature ISBN: 3030311988 Category : Law Languages : en Pages : 714
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: Project Group Restatement of European Insurance Contract Law Publisher: sellier. european law publ. ISBN: 3866530692 Category : Insurance law Languages : en Pages : 737
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: Leander D. Loacker Publisher: Edward Elgar Publishing ISBN: 1784717525 Category : Law Languages : en Pages : 361
Book Description
The direction and clarity of the author's argument is commendably clear. Thus it is clear at the outset that he is mainly concerned with pre-contractual information duties as they affect consumers, and thus standard form contracts¢although, he argu
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Author: Project Group Restatement of European Insurance Contract Law
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Author: Monika Stahl
Author: Turkish Insurance Law Association
Author: Attila Fenyves
Author: Pierpaolo Marano
Author: Project Group Restatement of European Insurance Contract Law
Author: Olavi-Jüri Luik
Author: Leander D. Loacker