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Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

Law applicable to reinsurance contracts under Rome I Regulation

Marcin Kropka

Language: PL | Published: 31-12-2011 | Abstract | pp. 129-148

In cases where the provisions of the Rome I Regulation apply to reinsurance contracts there should be no doubt that the parties are free to choose the law applicable. However, in the absence of the choice of law the question arises whether the law applicable should be the law of the habitual residence of the reinsured or the law of the habitual residence of the reinsurer (Art. 4). Preference should be given to the latter solution. The justification for this is that the characteristic performance is effected by the insurer. The arguments raised in favour of the law of the habitual residence of the reinsured fail to recognize the structure of the Art. 4. They may only be considered under the escape clause of Art. 4 (3).

2011-12-31



Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

The concept of insurance contract in the light of the provisions of the Community insurance directives

Marcin Kropka

Language: PL | Published: 30-06-2007 | Abstract | pp. 55-83

This article analyzes the concept of an „insurance contract" in the context of conflict of laws, with particular emphasis on European Union insurance directives. The author examines the role of these directives in determining the law applicable to insurance contracts, including the qualification of the concept of an „insurance contract", as well as reinsurance, co-insurance, surety insurance and group pension insurance contracts. The study indicates the significant role of directives in harmonizing the conflict of laws rules for insurance contracts in EU Member States.

2007-06-30