Pojęcie umowy ubezpieczenia w świetle przepisów wspólnotowych dyrektyw ubezpieczeniowych
The Notion of the Insurance Contract in the Community Insurance Directives

Summary/Abstract: Determining the meaning of the term “insurance contract” under the conflict-of-laws rules contained in the insurance directives (Directive 88/357 and 2002/83) is important for purpose of delineating the scope of application of national conflict-of-laws rules that implement the provisions of the Directives and the Rome Convention (Article 1(3) and 1(4) of the Convention). The qualification should be carried out in light of the functional method, with a due consideration given to the guidelines contained in the provisions of the insurance Directives. These provisions mandate that an independent meaning is adopted, which does not necessarily coincide with the understanding resulting out of the substantive law. On one hand, the reinsurance contracts remain outside the scope of the notion of “insurance contract”. On the other hand, the insurance guarantee should be included in the scope of the notion. The above qualification is helpful for the purpose of demarcating the scope of application of the rules of jurisdiction in matters relating to insurance under the Regulation 44/2001 and the Lugano Convention.

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