Studies and researches
1/2024
Comparative Legal Assessment of the Mass Risk Insurance in the Czech and European Private International Law
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.
Insurance, mass risk, insurance law, private international law, choice of law
G22, K12, G52, K33, K41
G22, K12, G52, K33, K41