The influence of public and corporate insurance law on the application of private international law : selected issues

Abstract

The regime of obligations arising under insurance relationships, as expressed in Art. 7 of the Rome I Regulation is, however, relatively complex. The criticism seems legitimate of academic authors who quite clearly express their negative attitude to the wording of that provision, calling it a “labyrinth” or even “pandemonium of international law.” As a result of the not particularly transparent nature of that regime, it can be doubted if in all situations the “weaker party” was afforded due protection. Negative answer to that question prompts a search for other solutions which allow to achieve the effect of conflict of laws designation of a law giving effect to the postulate of protecting the weaker party to the insurance relationship. The purpose of the study is to indicate, in the first place, the existing criteria of the division into public law and private law in the context of private international law. The second purpose is to analyze the phenomenon of mutual interpenetration of private and public law in the private international law of insurance contracts. The purpose of considerations was to indicate the mutual interpenetration between EU provisions of public and corporate law, as well as the impact of national provisions of the same type on private international law.