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
Date Written: July 25, 2011
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: Suggested Citation