Review article
Directive on Legal Expenses Insurance and its Implementation in Croatian Law
Loris Belanić
; Pravi fakultet Sveučilišta u Rijeci
Abstract
The legal expenses insurance presents a special type of insurance that covers insured person’s expenses incurred in the process of realisation of his legal interests, expenses of his legal representation and legal protection in different legal proceedings in front of diverse state bodies (courts, administrative bodies) as well as expenses of out of court settlement. In 1987 a special Directive no. 87/344 on Legal Expenses Insurance was adopted with the aim to reach the coordination of legal expenses insurance within the European Union territory (former European Economic Community.). The author discusses grounds for Directive adoption and gives his best efforts to analyse in detail certain Directive provisions. He points at Directive contribution to regulate legal expenses insurance services and draws attention to partial, incomplete coordination of their procedures, which is the main issue associated with the Directive. After the analysis of the Directive, the author presents a critical overview of the present situation regarding the Directive implementation in Croatian legislation and concludes that this legal document has not (yet) been implemented in most part. Furthermore, he proposes a possible solution how to implement certain Directive provisions. The last part of the article is dedicated to discussion concerning the high level of Directive implementation in the Federation of Bosnia and Herzegovina. It has been suggested to Croatian legislator to consider it as a positive example of Directive implementation, at least on legislative level
Keywords
legal expenses insurance; directive; implementation
Hrčak ID:
63632
URI
Publication date:
20.12.2010.
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