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Principles Of European Insurance Contract Law A Model Optional Instrument


Principles Of European Insurance Contract Law A Model Optional Instrument
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Principles Of European Insurance Contract Law A Model Optional Instrument


Principles Of European Insurance Contract Law A Model Optional Instrument
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Author : Project Group Restatement of European Insurance Contract Law
language : en
Publisher: Walter de Gruyter
Release Date : 2011-05-31

Principles Of European Insurance Contract Law A Model Optional Instrument written by Project Group Restatement of European Insurance Contract Law and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-31 with Law categories.


Following the publication of the Principles of European Insurance Contract Law (PEICL) in 2009, there has been significant political and academic discussion on their possible use as an optional instrument. Experts' views on this topic were exchanged at a conference held in Vienna in January 2010. The distinguished speakers represented European politics, legal science, insurance industry, insurance intermediaries and consumers. These independent experts, who were not involved in drafting the PEICL, presented their critical, unbiased opinions on the project. This volume presents the proceedings of the Vienna conference. It also includes a postscript in commemoration of the late Professor Dr. Fritz Reichert-Facilides, whose visionary ideas led to the creation of the Project Group "Restatement of European Insurance Contract Law" and to the drafting of the PEICL.



The Principles Of European Insurance Contract Law


The Principles Of European Insurance Contract Law
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Author :
language : en
Publisher:
Release Date : 2010

The Principles Of European Insurance Contract Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.


This note briefly outlines the objectives pursued and the approach adopted by the Project Group on a "Restatement of European Insurance Contract Law". Furthermore, it provides an overview of the structure and content of the Principles of European Insurance Contract Law (PEICL), which present the first fully developed model for an Optional Instrument in Europe. According to the author, the PEICL provide the European legislator with a tool to overcome obstacles to the internal insurance market, which are formed by the often mandatory character of insurance contract law. Lastly, the note assesses which provisions of the Treaty on the Functioning of the European Union could be used as the legal basis for enacting an optional instrument of European Insurance Contract Law.



Principles Of European Insurance Contract Law Peicl


Principles Of European Insurance Contract Law Peicl
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Author : Project Group Restatement of European Insurance Contract Law
language : en
Publisher: sellier. european law publ.
Release Date : 2009

Principles Of European Insurance Contract Law Peicl written by Project Group Restatement of European Insurance Contract Law and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Insurance law categories.


In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.



Informed Insurance Choice


Informed Insurance Choice
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Author : Leander D. Loacker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-04-30

Informed Insurance Choice written by Leander D. Loacker and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.


The direction and clarity of the author's argument is commendably clear. Thus it is clear at the outset that he is mainly concerned with pre-contractual information duties as they affect consumers, and thus standard form contracts¢although, he argu



Principles Of European Insurance Contract Law


Principles Of European Insurance Contract Law
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Author :
language : en
Publisher: Walter de Gruyter
Release Date : 2009-11-16

Principles Of European Insurance Contract Law written by and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-16 with Law categories.


In this volume the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law ("PEICL"). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law ("DCFR Insurance"). The volume comprises the PEICL/DCFR Insurance as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, Slovak, Spanish and Swedish. A short introduction sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relate to the overall Draft Common Frame of Reference, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.



Principles Definitions And Model Rules Of European Private Law


Principles Definitions And Model Rules Of European Private Law
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Author : Study Group on a European Civil Code
language : en
Publisher: sellier. european law publ.
Release Date : 2008

Principles Definitions And Model Rules Of European Private Law written by Study Group on a European Civil Code and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Civil law categories.


In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.



Insurance Contract Law


Insurance Contract Law
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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2011-12-20

Insurance Contract Law written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-20 with Law categories.


This Consultation Paper is part of a wider review of insurance contract law, carried out by the Law Commission and Scottish Law Commission. It covers four topics: (1) Damages for late payment; (2) Insurers' remedies for fraudulent claims; (3) Insurable interest; (4) Policies and premiums in marine insurance. This paper follows a previous consultation paper in 2007 on Misrepresentation, Non-Disclosure and Breach of Warranty (LCCP 182; SLCDP 134, ISBN 9780117037823).



Compensation Of Private Losses


Compensation Of Private Losses
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Author : Reiner Schulze
language : en
Publisher: Walter de Gruyter
Release Date : 2011-08-29

Compensation Of Private Losses written by Reiner Schulze and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-29 with Law categories.


Tort law is one of the core areas of European private law, in particular in the field of business law. However, it often receives less attention than the well-known and widely published developments in the field of European contract law. In order to direct more attention to this important subject, an intensive Round Table discussion on the subject of the evolution of torts in European business law was held. The contributions to this volume reflect the results of the research undertaken by renowned European scholars and practitioners on central aspects such as competition law, company law and intellectual property. Each contribution particularly focuses upon the overarching tendencies and principles within the individual aspect of tort law, thereby directing attention to the future at European level of this essential area of private law. Readership: Lawyers, academics, legal departments, judges, legal professionals concerned with torts in European business law.



Coherence And Fragmentation In European Private Law


Coherence And Fragmentation In European Private Law
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Author : Pia Letto-Vanamo
language : en
Publisher: Walter de Gruyter
Release Date : 2012-08-31

Coherence And Fragmentation In European Private Law written by Pia Letto-Vanamo and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-31 with Law categories.


One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.



Transparency In Insurance Contract Law


Transparency In Insurance Contract Law
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2020-03-11

Transparency In Insurance Contract Law written by Pierpaolo Marano and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-11 with Law categories.


This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.