Projekt modernizacije zakonske ureditve zavarovalne pogodbe : izhodišča za reformo

slovenian

2022

volume 48, issue 6/7

draft Insurance Contract Act   insurance contract   obligation law   Obligations Code   Principles of European Insurance Contract Law   reform

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The regulation of the insurance contract in the Obligations Code is deficient and no longer follows the needs of the modern insurance market. The provisions of the European directives concerning the insurance contract are transposed in several different laws, which creates legal uncertainty in the conclusion and execution of insurance contracts. At the initiative of the Slovenian Insurance Association, the project group at the Institute for Comparative Law at the Faculty of Law in Ljubljana prepared the starting points for the reform of the Slovenian legal regulation of the insurance contract. The draft of the new provisions is based on the Principles of European Insurance Contract Law and takes into account the solutions of modern insurance contract regulations in other European countries. However, it retains some of the established solutions from the Obligations Code that regulate some issues in more detail, and which are considered non-problematic by insurance practitioners. The result of the research project is a starting point for the discussion about the new modern regulation of the insurance contract.

22.06.2023