Simplification of European contract law. The insurance contract

Andrei Dutu-Buzura

Impact of Socio-economic and Technological Transformations at National, European and International Level (ISETT), 2015, vol. 5

Abstract: Adopting a common regulatory regime regarding insurance, in the EU, requests a thorough analysis of the effective implementation conditions of certain private law norms, for all member states, despite the sometimes major differences existing amongst internal regulations. Given the specifics of this field, an increased rigor is imposed in terms of choosing the best regulation option at a European level, given both the insurance contract parties, and the imperatives of harmonization to the already existing EU regulations. Under these conditions, we find a certain divergence between, on the one hand, the interest of the insurance companies, and on the other hand, the necessity to protect the consumer’s rights, considering that numerous times, the EU, generally and the European Commission, specifically, have been accused of a certain degree of protectionism towards the great EU insurers, detrimental to the private persons. At the same time, we are considering the concrete aspects of imposing such a common regime of insurance, especially the difficulties that the private persons will face in the eventuality of an effective implementation. Among them, the most important regard the language regime of the insurance contract, ad validitatem and ad probationem conditions, special regimes applicable to certain kinds of insurances, etc.

Keywords: insurance contract; common regulatory framework; the EU; private law; European Commission (search for similar items in EconPapers)
Date: 2015
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