The paper analyses the interaction between the special rules on jurisdiction and conflict of laws applicable to the insurance contract under EU Regulations Brussels Ia and Rome I and the jurisdiction and conflict of laws applicable to contracts of transport under the relevant International Conventions, pointing out how the primary aim of the protection of the insured, as pursued by EU rules, is not fully achieved when the latter rules apply in case of direct action against the liability insurers of the responsible party. Due consideration is given to ECJ recent case law on the issue of co-ordination between the two sets of rules under art. 71 of Brussels Ia Regulation.

Jurisdiction and conflict of laws issues between contracts of trasport and insurance

CELLE, PIERANGELO
2017

Abstract

The paper analyses the interaction between the special rules on jurisdiction and conflict of laws applicable to the insurance contract under EU Regulations Brussels Ia and Rome I and the jurisdiction and conflict of laws applicable to contracts of transport under the relevant International Conventions, pointing out how the primary aim of the protection of the insured, as pursued by EU rules, is not fully achieved when the latter rules apply in case of direct action against the liability insurers of the responsible party. Due consideration is given to ECJ recent case law on the issue of co-ordination between the two sets of rules under art. 71 of Brussels Ia Regulation.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11567/877227
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