Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU

Detalhes bibliográficos
Autor(a) principal: Meireles, Pedro Monteiro de
Data de Publicação: 2020
Tipo de documento: Artigo
Idioma: eng
Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
Texto Completo: http://hdl.handle.net/10437/11698
Resumo: This article explores the current situation of cross-border insurance contracts within the EU. In contracts that do not involve a conflict of laws, the determination of the applicable law is hastily and of a relatively easy resolution, as they will be disciplined by the substantive law of the current legal order, which they only have contact with. When it comes to insurance contracts that are seen in a conflict of laws, defining the applicable law raises a question since these contracts are in contact with at least more than one legal order. In this case, there is a certain amount of uncertainty regarding which judicial order will govern the contract and the criteria that will dictate this resolution. When we refer to an insurance contract that involves a conflict of several laws, such as a policyholder with regular residence in MS A, who contracts an insurance contract with an insurer based in MS B, whose risk is in MS C. Due to this, there are several points of contact with different legal orders. As such, it will be necessary to establish what the contract's regulatory law should be. In the EU domain, the answer to this issue is to reflect on the regulations defining the applicable law. In this context, we highlight the Rome I Regulation, which establishes in its article 7 a special conflict rule, hence appearing as the starting point for the problem raised by us. This way, we will focus on the analysis of the solutions contained in article 7, related to large risk contracts and contracts covering mass risks whose unpredictability is located within the EU. Finally, we will explore legal solutions to establish an applicable law in association with the principle of free movement. In particular, as seen in a classic case of an active insurance seeking, where the policyholder, in the light of his freedom of movement, decides on his own to hire insurance from another legal system, apart from his home state.
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spelling Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EUDIREITODIREITO INTERNACIONAL PRIVADOSEGUROSCONTRATOSUNIÃO EUROPEIALAWPRIVATE INTERNATIONAL LAWINSURANCESCONTRACTSEUROPEAN UNIONThis article explores the current situation of cross-border insurance contracts within the EU. In contracts that do not involve a conflict of laws, the determination of the applicable law is hastily and of a relatively easy resolution, as they will be disciplined by the substantive law of the current legal order, which they only have contact with. When it comes to insurance contracts that are seen in a conflict of laws, defining the applicable law raises a question since these contracts are in contact with at least more than one legal order. In this case, there is a certain amount of uncertainty regarding which judicial order will govern the contract and the criteria that will dictate this resolution. When we refer to an insurance contract that involves a conflict of several laws, such as a policyholder with regular residence in MS A, who contracts an insurance contract with an insurer based in MS B, whose risk is in MS C. Due to this, there are several points of contact with different legal orders. As such, it will be necessary to establish what the contract's regulatory law should be. In the EU domain, the answer to this issue is to reflect on the regulations defining the applicable law. In this context, we highlight the Rome I Regulation, which establishes in its article 7 a special conflict rule, hence appearing as the starting point for the problem raised by us. This way, we will focus on the analysis of the solutions contained in article 7, related to large risk contracts and contracts covering mass risks whose unpredictability is located within the EU. Finally, we will explore legal solutions to establish an applicable law in association with the principle of free movement. In particular, as seen in a classic case of an active insurance seeking, where the policyholder, in the light of his freedom of movement, decides on his own to hire insurance from another legal system, apart from his home state.Edições Universitárias Lusófonas2021-02-09T17:23:09Z2020-01-01T00:00:00Z2020info:eu-repo/semantics/publishedVersioninfo:eu-repo/semantics/articleapplication/pdfhttp://hdl.handle.net/10437/11698eng2184-6219Meireles, Pedro Monteiro deinfo:eu-repo/semantics/openAccessreponame:Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)instname:Agência para a Sociedade do Conhecimento (UMIC) - FCT - Sociedade da Informaçãoinstacron:RCAAP2023-03-09T14:10:35Zoai:recil.ensinolusofona.pt:10437/11698Portal AgregadorONGhttps://www.rcaap.pt/oai/openaireopendoar:71602024-03-19T17:17:18.292894Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos) - Agência para a Sociedade do Conhecimento (UMIC) - FCT - Sociedade da Informaçãofalse
dc.title.none.fl_str_mv Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
title Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
spellingShingle Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
Meireles, Pedro Monteiro de
DIREITO
DIREITO INTERNACIONAL PRIVADO
SEGUROS
CONTRATOS
UNIÃO EUROPEIA
LAW
PRIVATE INTERNATIONAL LAW
INSURANCES
CONTRACTS
EUROPEAN UNION
title_short Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
title_full Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
title_fullStr Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
title_full_unstemmed Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
title_sort Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
author Meireles, Pedro Monteiro de
author_facet Meireles, Pedro Monteiro de
author_role author
dc.contributor.author.fl_str_mv Meireles, Pedro Monteiro de
dc.subject.por.fl_str_mv DIREITO
DIREITO INTERNACIONAL PRIVADO
SEGUROS
CONTRATOS
UNIÃO EUROPEIA
LAW
PRIVATE INTERNATIONAL LAW
INSURANCES
CONTRACTS
EUROPEAN UNION
topic DIREITO
DIREITO INTERNACIONAL PRIVADO
SEGUROS
CONTRATOS
UNIÃO EUROPEIA
LAW
PRIVATE INTERNATIONAL LAW
INSURANCES
CONTRACTS
EUROPEAN UNION
description This article explores the current situation of cross-border insurance contracts within the EU. In contracts that do not involve a conflict of laws, the determination of the applicable law is hastily and of a relatively easy resolution, as they will be disciplined by the substantive law of the current legal order, which they only have contact with. When it comes to insurance contracts that are seen in a conflict of laws, defining the applicable law raises a question since these contracts are in contact with at least more than one legal order. In this case, there is a certain amount of uncertainty regarding which judicial order will govern the contract and the criteria that will dictate this resolution. When we refer to an insurance contract that involves a conflict of several laws, such as a policyholder with regular residence in MS A, who contracts an insurance contract with an insurer based in MS B, whose risk is in MS C. Due to this, there are several points of contact with different legal orders. As such, it will be necessary to establish what the contract's regulatory law should be. In the EU domain, the answer to this issue is to reflect on the regulations defining the applicable law. In this context, we highlight the Rome I Regulation, which establishes in its article 7 a special conflict rule, hence appearing as the starting point for the problem raised by us. This way, we will focus on the analysis of the solutions contained in article 7, related to large risk contracts and contracts covering mass risks whose unpredictability is located within the EU. Finally, we will explore legal solutions to establish an applicable law in association with the principle of free movement. In particular, as seen in a classic case of an active insurance seeking, where the policyholder, in the light of his freedom of movement, decides on his own to hire insurance from another legal system, apart from his home state.
publishDate 2020
dc.date.none.fl_str_mv 2020-01-01T00:00:00Z
2020
2021-02-09T17:23:09Z
dc.type.status.fl_str_mv info:eu-repo/semantics/publishedVersion
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