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Comparative Legal Assessment of the Mass Risk Insurance in the Czech and European Private International Law

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  • DOBIÁŠ Petr

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.

Suggested Citation

  • DOBIÁŠ Petr, 2024. "Comparative Legal Assessment of the Mass Risk Insurance in the Czech and European Private International Law," European Journal of Interdisciplinary Studies, Bucharest Economic Academy, issue 01, March.
    • Handle: RePEc:jis:ejistu:y:2024:i:01:id:536
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    More about this item

    Keywords

    Insurance; mass risk; insurance law; private international law; choice of law;
    All these keywords.

    JEL classification:

    • G22 - Financial Economics - - Financial Institutions and Services - - - Insurance; Insurance Companies; Actuarial Studies
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • G52 - Financial Economics - - Household Finance - - - Insurance
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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