Ugovor o obaveznom osiguranju u međunarodnom privatnom pravu

Compulsory insurance is present in a vast majority of countries in the world and in all European countries. As international legal relations increasingly intensify, the market of cross-border insurance is also expanding. Despite entry into force of the provisions of the Rome I Regulation and the oncoming reform of the Brussels I bis Regulation, the European private international law, to the extent it governs compulsory insurance, is still a compromise. In the absence of a clear regime under the Rome I Regulation, doubts are still raised by the question of the pursuit for law applicable to group insurance contracts.

The European Context of the Group Insurance Contract

The entirety of norms on the relations connected with conclusion and performance of insurance contracts make up economic insurance law. Because of its objective homogeneity, it is generally treated as a separate branch of law. From the dogmatic perspective, its permanent element are group insurance contracts. However, the results of a comparative law research allow to draw the conclusion that in a substantial numberof legal systems the term “group insurance” is not to be found in normative acts. In the literature, multiple attempts were made to expound the legal nature of the group insurance contract. Still, there is no consensus as to the nature of the legal relationship arising from conclusion of a group insurance contract. The article concerns the proposal of normative regulation of group insurance contract.

Withdrawal from a contract for insurance coverage concluded remotely

The multi-stakeholder nature of group insurance contracts triggers various types of connections between the actors in this legal relationship. This is best illustrated by the contract for insurance coverage, which is a separate agreement transacted between the insured and policyholder, but intrinsically linked with group insurance. The aim of this article is to discuss the selected aspects of contracts for insurance coverage. Particular emphasis is put on the insured's right to withdraw from the contract if it was concluded by means of distance communication. The considerations in this respect include examples deriving from case-law practice.

The Group Insurance Contract in Private International Law

The provisions on obligations under insurance relationships included in Article 7 of the Rome I Regulation are relatively complicated. However, although individual insurance contracts have their own legal regime in each Member State, only a few national legislators have decided to lay down the consequences of concluding a group insurance agreement. The Rome I Regulation does not include any special conflict of laws rule concerning group insurance contracts, which has been criticized in the literature on the subject.

Identification of differences between group and individual life insurance for employees

Group life insurance for employees is one of numerous voluntary insurance products covering employees’ personal risks. It can be an important complement to mandatory insurance arrangements (especially social insurance schemes) that provide personal coverage for workers. While employees may take out their life insurance on an individual basis, employer-offered group life insurance is an attractive alternative. Joining a group insurance plan is an employee’s individual decision that should be taken based on his or her knowledge of the terms of coverage. The purpose of this article is to point out the differences between employee group life coverage and individual life insurance, with a particular emphasis on insurance funding aspects and how they affect certain aspects of relevance to employees.

Group Insurance after the Entry into Force of the Insurance Distribution Act

The article discusses the principles of the conclusion and execution of group insurance contracts after the entry into force of the Insurance Distribution Act. It particularly analyzes the legal position of the insured (the problem of recognizing them as clients), the scope and shape of the policyholder’s and distributor’s obligations, as well as the responsibility of the policyholder for non-fulfilment or improper fulfilment of these duties.