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The Harmonization Of European Contract Law : The Case Of Insurance Contracts

Authors: Grau, Juan Bataller;

The Harmonization Of European Contract Law : The Case Of Insurance Contracts

Abstract

The European Union activity in the insurance sector must be directed, as indicated in Article 2 of the Treaty establishing the European Community, to the achievement of a single market. However, a quick overview of the status of the Community rules on its three branches - the supervision of insurance companies and the market, the insurance intermediary and, as a central element, the insurance contract - shows developments with relevant differences. On the one hand, monitoringbased entities have enacted generations of directives, which have led to a uniform method of authorization across the entire Community ('European passport'). Such authorization must be sought from the supervisory authorities of the home Member State.2 Similarly, Directive 2002/92/EC of the European Parliament and the Council on insurance mediation also establishes a single license for insurance intermediaries. By contrast, the harmonization of contract law has been less successful - except in the area of insurance automobile liability, as only there has there been a harmonization of conflict rules, regardless of the proposed Directive that failed.

Countries
Spain, United States
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Keywords

340, Política laboral, Insurance Law, DERECHO MERCANTIL, Dret internacional privat Dret mercantil

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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