Law Applicable to Insurance Contracts in the Light of the Rome I Regulation

Studia Iuridica vol. 54 (2012)

Posted: 25 Jul 2011 Last revised: 2 Oct 2017

See all articles by Mateusz J. Pilich

Mateusz J. Pilich

Institute of International Law, University of Warsaw

Date Written: July 25, 2011

Abstract

The main objective of the paper is to discuss the EU private international law of the insurance contracts after the entry into force of the Rome I Regulation. Its system of connecting factors is commonly criticised due to its complex and casuistic character. The author believes that the current state of the Regulation in this respect should be amended. The paper discusses among others the division of conflict rules based on the nature of the risk concerned and the problem of the insurance law as the overriding mandatory rules. After the thorough analysis of the problems, the author shows a possible way of amending the Regulation.

Keywords: Insurance, Contracts, PIL, Private International Law, Conflict of Laws, Policyholder, Insured, Insurer, Reinsurance, Risk

JEL Classification: K12

Suggested Citation

Pilich, Mateusz J., Law Applicable to Insurance Contracts in the Light of the Rome I Regulation (July 25, 2011). Studia Iuridica vol. 54 (2012). Available at SSRN: https://ssrn.com/abstract=1894947 or http://dx.doi.org/10.2139/ssrn.1894947

Mateusz J. Pilich (Contact Author)

Institute of International Law, University of Warsaw ( email )

Warszawa, 00-927
United Kingdom

HOME PAGE: http://pil.mateuszpilich.edh.pl/

Register to save articles to
your library

Register

Paper statistics

Abstract Views
1,668
PlumX Metrics