Post by Sapphire Capital on Oct 22, 2008 19:50:45 GMT 4
The New European Conflict of Law Rules on Insurance Contracts in Rome I: A Complex Compromise
Xandra Kramer
Erasmus University Rotterdam (EUR)
The Icfai University Journal of Insurance Law, Vol. VI, No. 4, pp. 23-42, October 2008
Abstract:
The Rome I regulation on law applicable to contractual obligation replaces the Rome convention that contains new conflict of law rules for insurance contract. This rule replaces the conflict rule included in the various insurance directives. In fact, the existing system of insurance contracts is more complex relating to the place of the risk or the territory, choice of law and enforceability of the law of the European community. The Rome convention has addressed many of the above issues and also contains a provision relating to consumer contracts. The new Rome Regulations are effective from December, 2009. The author makes an analysis, discusses and evaluates new conflict rules on insurance contracts with special reference to Article 7 of Rome I regulation. The author opines that Article 7 of the Rome I regulation is more disappointing.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1283622
Xandra Kramer
Erasmus University Rotterdam (EUR)
The Icfai University Journal of Insurance Law, Vol. VI, No. 4, pp. 23-42, October 2008
Abstract:
The Rome I regulation on law applicable to contractual obligation replaces the Rome convention that contains new conflict of law rules for insurance contract. This rule replaces the conflict rule included in the various insurance directives. In fact, the existing system of insurance contracts is more complex relating to the place of the risk or the territory, choice of law and enforceability of the law of the European community. The Rome convention has addressed many of the above issues and also contains a provision relating to consumer contracts. The new Rome Regulations are effective from December, 2009. The author makes an analysis, discusses and evaluates new conflict rules on insurance contracts with special reference to Article 7 of Rome I regulation. The author opines that Article 7 of the Rome I regulation is more disappointing.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1283622