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About the Mutuality Principle in Insurance – an Attempt at Reinterpretation 论保险中的互惠原则——重新诠释的尝试

Prawo Asekuracyjne Pub Date : 2022-08-15 DOI: 10.5604/01.3001.0015.9303

Paweł Machulak, Jakub Sewerynik

引用次数: 0

Gloss to the Judgment of the Court of Justice of the European Union of 21 December 2021 C-428/20 on the Method of Determining the Amounts Guaranteed in National Law while Increasing Them Following an Amendment to a Directive 对欧盟法院2021年12月21日第C-428/20号关于确定国内法中担保金额同时在指令修正案后增加其金额的方法的判决的注释

Prawo Asekuracyjne Pub Date : 2022-03-30 DOI: 10.5604/01.3001.0015.7925

Marcin Orlicki

引用次数: 0

"Good Practices in Brokerage Activity" – Selected Dilemmas “证券业的良好实务”-两难选择

Prawo Asekuracyjne Pub Date : 2022-03-30 DOI: 10.5604/01.3001.0015.8054

J. Pokrzywniak

{"title":"\"Good Practices in Brokerage Activity\" – Selected Dilemmas","authors":"J. Pokrzywniak","doi":"10.5604/01.3001.0015.8054","DOIUrl":"https://doi.org/10.5604/01.3001.0015.8054","url":null,"abstract":"The article examines the publication \"Good Practices in Brokerage Activity\" published in 2021 by the Association of Polish Insurance and Reinsurance Brokers. The project aims to update good practices in the brokerage activity (hereinafter: Good Practices) and should be considered a positive initiative, because the existing Broker's Code of Ethics which was adopted on 23 May 2013 as well as the Principles of Good Practices and Cooperation of Insurance Brokers and Insurance Companies published in 2000 do not solve all problems which the market is currently facing. In addition, brokerage activity has been scarcely regulated under private law. Given the above, established customs and principles of social coexistence are particularly important for brokerage services in connection with Article 56, Article 65 § 1 and Article 354 of the Polish Civil Code.\u0000Not only do the draft Good Practices refer to the conduct of brokers, but they also contain a number of standards of conduct meant for insurance companies. As a result, this document ought to be acknowledged by insurance undertakings (their professional associations). On the other hand, it should be emphasized that Good Practices will not be binding on brokers who are not members of the Association of Polish Insurance and Reinsurance Brokers. \u0000Although Good Practices contain a lot of recommendations that deserve an unequivocally positive assessment, there are some provisions therein that may provoke controversies. The purpose of the article is to draw attention to the provisions which may require further work and discussion.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134235856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Gloss to the Judgment of the Court of Justice of the European Union of 29 October 2021 (Request for a Preliminary Ruling from the District Court in Opatów – Poland) HG and TC v. the Insurance Guarantee Fund, Case C-688/20 对欧盟法院2021年10月29日判决(要求波兰Opatów地区法院作出初步裁决)HG和TC诉保险保证基金案C-688/20的注释

Prawo Asekuracyjne Pub Date : 2022-03-30 DOI: 10.5604/01.3001.0015.7926

Aleksander Raczyński

{"title":"Gloss to the Judgment of the Court of Justice of the European Union of 29 October 2021 (Request for a Preliminary Ruling from the District Court in Opatów – Poland) HG and TC v. the Insurance Guarantee Fund, Case C-688/20","authors":"Aleksander Raczyński","doi":"10.5604/01.3001.0015.7926","DOIUrl":"https://doi.org/10.5604/01.3001.0015.7926","url":null,"abstract":"The publication is an approving gloss to the judgment of the Court of Justice of the European Union of 29 October 2021 in Case C-688/20, HG and TC v. the Insurance Guarantee Fund. The judgment addresses two important issues: on the one hand, the scope of compulsory insurance against civil liability in respect of the use of motor vehicles in accordance with the first paragraph of Article 3 of Directive 2009/103 and, on the other hand, the relationship between EU legislation (in this case directives) and national regulations.\u0000In the context of the compatibility of the criteria for the existence of an insurance obligation under the first paragraph of Article 3 of Directive 2009/103 (5th Motor Directive), the Court of Justice upheld the earlier line of case-law in a logical and consistent way, by referring to the formal condition that a vehicle is registered and roadworthy in accordance with the national legislation in force.\u0000That judgment indicates the discrepancy between national and EU legislations in terms of the conditions for compulsory insurance. Although Article 23(1) of the Law on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau links the insurance obligation with the mere fact of a vehicle ownership, the interpretation of the first paragraph of Article 3 of Directive 2009/103 presented by the Court of Justice allows for the exemption from that obligation in the event of formal deregistration of a vehicle or its withdrawal from use under relevant national regulations. Nevertheless, the existence of such discrepancy is not an objection to the commented judgment. It is the role of the Court of Justice to ensure that EU legislation is interpreted in an autonomous and uniform manner throughout the European Union.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"11 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113932402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Personal Data Transfers Outside the European Economic Area in the Insurance Sector Context 保险行业背景下欧洲经济区以外的个人数据转移

Prawo Asekuracyjne Pub Date : 2022-03-30 DOI: 10.5604/01.3001.0015.7924

Piotr Czulak

引用次数: 0

Distribution of the Burden of Proof in the Claim Settlement Procedure in Voluntary Business Third Party Liability Insurance 自愿商业第三者责任保险理赔程序中的举证责任分配

Prawo Asekuracyjne Pub Date : 2022-03-30 DOI: 10.5604/01.3001.0015.7923

Jacek Woronkiewicz

{"title":"Distribution of the Burden of Proof in the Claim Settlement Procedure in Voluntary Business Third Party Liability Insurance","authors":"Jacek Woronkiewicz","doi":"10.5604/01.3001.0015.7923","DOIUrl":"https://doi.org/10.5604/01.3001.0015.7923","url":null,"abstract":"The article is an attempt to analyse the legal standing of the policyholder, the insurer and the injured party in the context of an obligation to collect evidence at the stage of the claim settlement procedure as part of handling claims under voluntary third party liability insurance contracts concluded by entrepreneurs. It is important to establish the limits of the obligations of the insurer, the policyholder and the injured party in the claim settlement procedure, and in particular to consider the property interests of the insured entrepreneur in relation to the interests of the injured party. The article examines the insurer’s role in ascertaining facts of the case and conducting a legal assessment, as well as in obtaining material evidence necessary to handle claims of injured parties pursued against the insured entrepreneur and the third party liability insurer. In addition to discussing the application of Article 6 of the Polish Civil Code in the claim settlement procedure, the article addresses the objectives and functions of business third party liability insurance in the context of evidence collecting and weighing. Furthermore, the author considers the legal standing and scope of the insurer's activity in cases where the injured party has instituted court proceedings.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115806488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Key Problems of Customers in the Era of COVID-19 Pandemic – Insurance Market Diagnosis 新冠肺炎大流行时代客户的关键问题——保险市场诊断

Prawo Asekuracyjne Pub Date : 2022-03-30 DOI: 10.5604/01.3001.0015.7922

Dorota Maśniak, Aleksandra Gnas

引用次数: 0

Additional Forms of Retirement Savings under the Third Pillar of the Polish Retirement Protection System 波兰退休保护制度第三支柱下的其他退休储蓄形式

Prawo Asekuracyjne Pub Date : 2022-03-30 DOI: 10.5604/01.3001.0015.8053

M. Szczepańska

引用次数: 1

Monetary Compensation for Violating Family Ties with the Immediate Family Members of the Injured Party under the new Article 4462 of the Polish Civil Code 根据新的《波兰民法典》第4462条对违反与受害方直系亲属关系的金钱赔偿

Prawo Asekuracyjne Pub Date : 2021-12-29 DOI: 10.5604/01.3001.0015.6034

M. Serwach, Marcin Orlicki