Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.

Download or read book Contract Law in the Netherlands written by M.M.C. van de Moosdijk and published by Kluwer Law International B.V.. This book was released on 2024-06-17 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Download or read book Contract Law in the Netherlands written by Arthur S. Hartkamp and published by Kluwer Law International B.V.. This book was released on 2015-11-23 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Download or read book Service Contracts written by Maurits Barendrecht and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union is enormous. The European Commission recently estimated that services account for some 50% of EU GDP and for some 60% of employment in the Union – though an exact figure is hard to determine given that many services are provided by manufacturers of goods. According to the European Commission, many services appear in official statistics as manufacturing activity, meaning that the role of services in the economy is often significantly underestimated.

Download or read book Directors Officers D O Liability written by Simon Deakin and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-02-19 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

Download or read book Principles of European Insurance Contract Law PEICL written by Project Group Restatement of European Insurance Contract Law and published by sellier. european law publ.. This book was released on 2009 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

Download or read book Algemene Wet Bijzondere Ziektekosten written by C. C. Beerepoot and published by Springer Science & Business Media. This book was released on 2009-12 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: De invoering van de Zorgverzekeringswet (Zvw) per 1 januari 2006 betekende een drastische wijziging van het zorgstelsel. Na de invoering richtte de politieke aandacht zich vervolgens op de toekomst van de Algemene Wet Bijzondere Ziektekosten (AWBZ). Deze eerste druk van de Algemene Wet Bijzondere Ziektekosten biedt een doorkijkje naar de ontstaansgeschiedenis van de AWBZ, de huidige structuur en juridische inbedding. Ook wordt inzicht gegeven in de politieke ontwikkelingen die leiden (of al hebben geleid) tot een wijziging van de AWBZ en onderliggende regelgeving. De uitvoering van de AWBZ door zorgverzekeraars, de overheveling van herstelgerichte behandeling naar de Zvw, alsmede raakvlakken met andere aanverwante wetgeving worden in dit boek uitgebreid belicht.

Download or read book The Civil Code of the Netherlands Antilles and Aruba written by Peter Haanappel and published by Kluwer Law International B.V.. This book was released on 2002-06-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work consists of an English translation, alongside the Dutch text, of the new law of property, rights and interests and the law of obligations (Book 3), the law of real rights (Book 5), the general part of the law of obligations (Book 6) and the law of special contracts (Book 7) of the Netherlands Antilles Civil Code, which entered into force in the Netherlands Antilles on 1 January 2001 and in Aruba on 1 January 2002. It also contains the transitional law enacted on introduction of this new legislation. It is published in Kluwer Law International's "Series of Legislation in Translation". For the non-Dutch speaking residents of the Netherlands Antilles and Aruba, practitioners advising on Netherlands Antilles law and persons or companies interested in the regulation of civil law this work will be essential. The authors, who are experienced legal translators, are authors of Netherlands Business Legislation , a Kluwer Law International publication, which contains a translation of the corresponding Dutch law and other statutory regulations.

Download or read book European Condominium Law written by Cornelius Van Der Merwe and published by Cambridge University Press. This book was released on 2015-02-26 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive comparative treatment in English of condominium (apartment ownership, commonhold) law in the 21 most important European jurisdictions.

Download or read book Diritto europeo dei trasporti written by Robert H. Wijffels and published by . This book was released on 2004 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Discriminatie in verzekering written by and published by Maklu. This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Staatsblad van het Koninkrijk der Nederlanden written by Netherlands and published by . This book was released on 1950 with total page 2822 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Development of the Principles of Insurance Law in the Netherlands from 1500 to 1800 written by J. P. Van Niekerk and published by . This book was released on 1998 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Aircraft Operating Leasing written by Donal Patrick Hanley and published by Kluwer Law International B.V.. This book was released on 2017-03-08 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although aircraft leasing is comparatively young as a commercial activity – less than forty years old in practical terms – already well over a quarter of the world’s commercial aircraft fleet is leased. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a major focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements as well as to legal academics and students. In this second edition, the author examines the aircraft operating lease from both a legal and practical point of view and contextualizes it in light of the latest public and private international air law agreements, case law, statutes, and regulations from a variety of jurisdictions and current literature in the field: – the obligations and rights of each party; – failure to meet delivery condition before delivery; – standby letters of credit and guarantees; – regulatory constraints concerning aircraft registration or foreign remittances; – manufacturer’s warranties; – possession and replacement of parts and engines; – sub-leasing; – damage to the aircraft and other loss to lessor; – liability for damage to third parties; – safety issues and lessor’s liability for acts of the airline; – the events that will entitle the lessor to terminate the contract and recover its asset; – issues pertaining to enforcement of remedies; and – governing law. The format broadly follows that of a typical aircraft operating lease. The author flags the principal legal issues to be considered in developing a standard form aircraft operating lease and makes recommendations in that regard. His approach balances the desired commercial outcome with the legal, or more theoretical, mandate to apply the law to disputes that may arise. An immensely useful supplement sets out a real example of a form of aircraft operating lease for a used aircraft, as used by a leading commercial aircraft leasing company. As a detailed examination of each part of the lease with particular reference to the impact on each term of relevant case law, statutes, regulations, and international treaties, this work greatly enhances understanding of the legal and practical aspects of the aircraft operating lease.

Download or read book Bijzondere overeenkomsten written by N. van Tiggele-van der Velde and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Deze vijfde editie van Asser 7-IX Verzekering gaat op uitgebreide wijze in op alle aspecten van de schade- en sommenverzekering binnen de context van het alomvattende commentaar op het burgerlijk recht in de gehele Asser-serie. Bij de behandeling van de verzekeringsovereenkomst wordt bovendien niet voorbijgegaan aan de civielrechtelijke inbedding ervan. De inhoud is geheel geactualiseerd, onder toevoeging van nieuwe rechtspraak en literatuur. De basisopzet zoals je van deze titel kent, is in grote lijnen hetzelfde gebleven."--

Download or read book Nieuwsblad Voor Den Boekhandel written by and published by . This book was released on 1863 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: With 1855-1927 are issued and bound: Handelingen van de algemeene vergadering.

Download or read book International Tax Treaties of All Nations Series B written by Walter H. Diamond and published by . This book was released on 1978 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: