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Vol 22 No 11 Nov/Dec 2017

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Insurance in Private International Law: A European Perspective

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Francesco SeatzuAssistant Professor of International and European Union Law, University of Cagliari, Italy

ISBN13: 9781841133355
ISBN: 1841133353
Published: July 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



Despatched in 6 to 8 days.

This volume provides an analysis of insurance in private international law for international business lawyers, including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means.

The book is aimed at academics and practitioners, at private international lawyers and at insurance lawyers. The private international law rules of the EC Insurance Directives deal with the applicable law to insurance contracts covering risks situated within the EU. They do not deal with the applicable law to reinsurance contracts and insurance contracts covering risks situated outside the EU. This should be ascertained by reference to the choice of laws provisions in the 1980 Rome Convention on the law applicable to contractual obligations. Detailed discussion of these rules is also provided, and proposals for reform suggested.

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Subjects:
Insurance Law, Conflict of Laws
Contents:
Table of Cases
Table of Abbreviations
Part I. The Substantive Law Background in Europe and its Significance for Private International Law
1. The substantive law in Europe
2. The Significance of the Substantive Law Background for Private International Law
3. General Remarks on Insurance Conflict of Laws
4. Admission of Insurance and Reinsurance Services and Products to the EU Market—Conflict of Laws Issues
Part II. Jurisdictional Recognition and Enforcement of Judgments Problems and Possible Solutions
Section I. Jurisdictional Problems and Possible Solutions: Preliminary Observations
5. The special rules of the Brussels Regulation and Lugano Convention for insurance and reinsurance disputes
Section II. Cross-border Co-operation Regarding Litigation in Insurance and Reinsurance Matters: Preliminary Observations
6. Recognition and Enforcement of Judgments in Insurance and Reinsurance Matters
7. Forum shopping
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
9. The Choice of Law Rules in the Second and Third Non-Life Directives
10. Applicable Law under the Second and Third-Life Assurance Directives
11. The Implementation of the EC Choice of Laws Provisions for Insurance Contracts in the United Kingdom
Part IV. The European Private International Law of Compulsory Insurance
12. The EC Choice of Law Rules for Compulsory Insurance Contracts: the General Rules
13.The EC Choice of Law Rules for Motor Vehicle Insurance Contracts
Part V. The European Private International Law Rules of Insurance and Reinsurance Contracts Concluded by Electronic Means
14. Electronic Commerce Law in Europe
15. Insurance and Reinsurance Contracts Concluded by Electronic Means: Jurisdictional and Applicable Law Problems
16. Choice of Law in Relation to Insurance and Reinsurance Contracts Concluded by Electronic Means
17. General Conclusions
Appendices
Bibliography