Los contratos de seguro del art. 7 del Reglamento Roma I

  • Celia M. Caamiña Domínguez
Keywords: Rome I Regulation, insurance contracts, large risks, risk, party autonomy, compulsory insurance

Abstract

This study analyses Article 7 of the Rome I Regulation. This Article establishes the law applicable to insurance contracts covering a large risk whether or not the risk covered is situated in a Member State, and to all other insurance contracts covering risks situated inside the territory of the Member States. An insurance contract covering a large risk shall be governed by the law chosen by the parties. In the absence of choice, it shall be governed by the law of the country where the insurer has his habitual residence unless the contract is manifestly more closely connected with another country. When an insurance contract covers a non-large risk situated within the EU, party autonomy is limited. To the extent that the law applicable has not been chosen, such a contract shall be governed by the law of the Member State in which the risk is situated at the time of conclusion of the contract. In accordance with Article 7, additional rules shall apply to compulsory insurances.

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Published
2009-10-02
How to Cite
Caamiña Domínguez, C. M. (2009). Los contratos de seguro del art. 7 del Reglamento Roma I. CUADERNOS DE DERECHO TRANSNACIONAL, 1(2), 30-51. Retrieved from https://e-revistas.uc3m.es/index.php/CDT/article/view/77
Section
Estudios