Comparative Legal Assessment of the Mass Risk Insurance in the Czech and European Private International Law
Petr Dobiáš
European Journal of Interdisciplinary Studies, 2024, issue 01
Abstract:
The conflict of law rules applicable to the insurance of mass risks have crucial importance for the insurance contracts with international element from the legal and economical point of view, because the legal regime has overwhelming effect on the successful contract implementation. The differentiation between large and mass risks was developed historically in the European private international law by the legal regulation contained in the life- and non-life insurance directives, which contained conflict of laws rules designed for insurance contracts, which had to be implemented to the legal orders in the EU Member States. The relevance of the distinction between large and mass risks for the determination of applicable law is given also after entry into force of the Rome I Regulation, which had to codify in its art. 7 conflicts of laws rules of the insurance contracts for the purpose of elimination of the shortcomings, which were typical for the previous legal regulation, which was implemented from the EU life- and non-life directives also to the Czech legal order.
Keywords: Insurance; mass risk; insurance law; private international law; choice of law (search for similar items in EconPapers)
JEL-codes: G22 G52 K12 K33 K41 (search for similar items in EconPapers)
Date: 2024
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