Insurance contracts in the Draft OHADAC Model Law Relating to Private International Law: A Model for the Rome I Regulation?

被引：0

作者：

Miquel Sala, Rosa ^{[1
]}

机构：

[1] Univ Bayreuth, Bayreuth, Germany

来源：

ANUARIO ESPANOL DE DERECHO INTERNACIONAL PRIVADO | 2016年 / 16卷

关键词：

INSURANCE CONTRACTS; CHOICE OF LAWS; REFORM OF THE ROME I REGULATION; DRAFT OHADAC MODEL LAW RELATING TO PRIVATE INTERNATIONAL LAW;

D O I：

10.19194/aedipr.16.29

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

Even though it is no secret that the choice of law rules on insurance contracts in the Rome I Regulation were adopted as a provisional solution and with full awareness of their shortcomings, the revision planned in Art. 27 Rome I Regulation has still not been attempted. Meanwhile, the Draft OHADAC Model Law Relating to Private International Law published in 2014 has not included particular choice of law rules for insurance contracts. Keeping in mind the background of the Draft and its specific objetives, the following paper analizes if this rather radical solution regarding insurance contracts could also be adopted the European legislator, leading to the elimination of all references to the situation of the risk or even to the derogation of Art. 7 Rome I Regulation.

引用

页码：793 / 820

页数：28