Choice of law in insurance and liability for damage of the State
Choice of law in insurance and liability for damage of the State

Author(s): Alexander Kult
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: choice of law; insurance; international private law; geoblocking;
Summary/Abstract: This paper deals with the possibilities of choice of law in the field of personal insurance in a comparison of Czech and Slovak law, the question of the legitimacy of geoblocking in the distribution of insurance and with liability of the state for damages in the event that its national law is in conflict with EU law. The Rome I Regulation allows national legislatures to adopt looser rules in certain cases. Slovak law allows for greater flexibility but did not take the restrictions of Rome I Regulation into account. If an insurance company chooses the law under Slovak Act No. 97/1963 Coll. on Private International Law and Procedure, is such a choice valid and would the state be liable for damages?

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