083059 (E10, B12) Die professorenwitwenkasse der Friedrich-Alexander-Universität: Ein Beitrag zur Frauengeschichte in Erlangen: Münchhoff U., Zeitschrift für die gesamte Versicherungswissenschaft, volume 84, 1995, pp. 149–181
- Publisher
- Elsevier Science
- Year
- 1997
- Tongue
- English
- Weight
- 94 KB
- Volume
- 19
- Category
- Article
- ISSN
- 0167-6687
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✦ Synopsis
Abstracts and Reviews
of laws, deals with the problem which national law is applicable to a certain law question. Together with an increasing international integration of the insurance business, especially within the EU, this field of law has recently gained considerable attention in German jurisprudence. This article deals with recent developments in European International Private Insurance Law and its transformation into German Law. This transformation into the EGVVG (Art. 7-15) has led to a complex system of different regulations, because the EU did not decide for the rules of the Rome Convention (1980) which apply to contracts other than European insurance contracts. As a result, a lot of uncertainties have arisen. Some of the proposed answers may be resumed as follows:
i) In general, the references concerning risks within the EU/EES (European Economic Space) are final. There is no renvoi, i.e. there is no referring back to the law of the first or on to the law of a third country. Furthermore, the consumer protection provided by Art. 29 EGBGB in correlation to free choice of law does not apply to insurance contracts covering risks within the EU/EES, where policyholders are sufficiently protected by severe restrictions to the parties' freedom to choose the applicable law.
ii) If the insured risk is located outside the EU/EES and the parties have not chosen the applicable law, the law of the policyholder's permanent abode should apply. Consequently, reinsurance contracts should be reigned by the insurer's, not the reinsurer's, law. This proposal is based on the theory that in (re)insurance, none of the contracting parties' obligations unilaterally characterizes the contract (Geldleistungstheorie).