Governing law for insurance contracts in view of the Polish law against the background of EU regulations Cover Image

Prawo właściwe dla umów ubezpieczenia w świetle prawa polskiego na tle regulacji europejskich
Governing law for insurance contracts in view of the Polish law against the background of EU regulations

Author(s): Eugeniusz Kowalewski, Agata Bzdyń
Subject(s): Law, Constitution, Jurisprudence
Published by: Polska Izba Ubezpieczeń
Keywords: governing law; insurance; EU regulations; Polish law

Summary/Abstract: In the context of significant changes in the field of the international private law at the European level, in connection with the entry into force of European Parliament’s and Council’s regulations dealing with the governing law for contractual and non-contractual obligations also the Polish legi- slator has decided to introduce modern solutions for this branch of law. On February 4, 2011 the Sejm adopted the new Act on Private International Law. This event is very important for all legal relationships connected with various legal systems, including international insurance relation- ships, due to the fact that the Act has introduced to our legal system solutions adjusted to the economic reality, in which economic relationships between entities located in various countries have become an everyday thing.By the time the new Act on Private International Law took effect, the governing law for insur- ance contracts had been regulated by a number of legal acts, depending on the types of risks covered. Such a state of affairs led to a chaos in this area, and parties to contracts were not able to have sufficient certainty as to the law according to whose norms their rights and obligations would be determined. The aim of the introduction of the new regulations in the field of the gover- ning law for insurance contracts, both at the European level and in Poland, was to simplify, make uniform and place regulations on the governing law for the insurance contract in one legal act. Have these aims been achieved however? Or maybe parties to insurance contracts are still forced to look for solutions appropriate for them in an impenetrable maze of complex regulations which are difficult to understand?

  • Issue Year: 2012
  • Issue No: 1
  • Page Range: 67-87
  • Page Count: 21
  • Language: Polish
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