This Article deals with legislation on insurance contracts, which was set as a priority in the European Commission’s 2003 Action Plan. The introductory part of
the Article is dedicated to the theoretical and practical legal analysis of the recent European legislation on insurance law. In the second part, provisions common to all contracts included in the Principles of the European Contract Law are briefly characterised and analysed from the theoretical and practical points of view. In this part, the author refers to “weaker” provisions of the Principles of the European Insurance Contract Law, including proposals for possible solutions. Finally, the article compares the Principles of the European Insurance Contract Law with the Czech Law on Insurance Contracts. At the end of the article the author concludes that the Principles of the European Insurance Contract Law is an acceptable compromise between the interests of policyholders and insurers.
Senior fellow at Charles University in Prague, Law Faculty, Chair of Commercial Law. His research and teaching activities are mainly focused on European Private International Law (Rome I, Rome II and Brussels I), International Commercial Law (International Insurance Law) and International Arbitration (Investment and Commodity Arbitration). The author is a corresponding member of the Project Group "Restatement of Europena Insurance Contract Law."
e-mail: dobias@prf.cuni.cz
