Izvorni znanstveni članak
Harmonization of insurance law in the European Union with particular reference to insurance contract law
Loris Belanić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
The paper firstly gives an overview of the establishment of the internal insurance market in the European Union, and then provides a description of the most important directives/ guidelines to the so-called acquis of insurance law with the aim of presenting the degree of harmonization of insurance law at the level of the European Union. Since the existing acquis regulates matters of public law for the purpose of removing obstacles to the functioning of the EU's internal insurance market (setting up companies, supervision of insurance companies, reserves, liberalization of insurance terms and tarrifs in order to achieve intense competition between insurance companies, etc.), the following section discusses the attempts and achievements in harmonizing the European insurance contract law. The reason for this, as the author notes, is that the lack of harmonization of insurance contract law represents a further obstacle to the functioning of the internal insurance market in the EU. The author points out, however, that some segments of insurance contract law have already been covered by particular directives/guidelines, especially those relating to insurance matters , and also those relating to consumer protection. Finally, the author discusses PEICL/DCFR Insurance as a model to the law on European insurance contract law, stressing the influence that the existing guidelines to the so-called private law acquis have on its content, and its relation to other projects for the codification of private law.
Ključne riječi
insurance law; harmonization; European Union; insurance contract law; PEICL/DCFR Insurance
Hrčak ID:
62996
URI
Datum izdavanja:
21.12.2010.
Posjeta: 4.271 *