Insurance law
The insurance law is an area of law which as a dependent part of the commercial and civil law , the legal relationship between economic entities outside the insurance industry and insurance companies regulates and also the area of insurance supervision designed as a public-law relationship. The social insurance is - as far as there is no exemption from insurance - structured under public law. Private insurance law and social security law are therefore clearly separated legal areas.
Insurance law sees itself as the regulation of the relationships of the risk community for the protection of damage.
Germany
Insurance law under private law is largely regulated in the Insurance Contract Act (see also General Insurance Law (Germany) ). In civil law, the type-determining element is still the contract in favor of third parties ( Section 328 BGB ), which, however, could only apply to a few insurance contracts (e.g. life insurance ). Typically, the insurance contract obliges the insured to pay premiums to the insurance company, while the insurance company takes care of the settlement in the event of damage (pay-as-you-go system). The limited assumption of claims by the insurer is also typical. In the interests of the principle of solidarity, the insurer must exclude moral hazards , ie aim to avoid damage by the insured. Cases of damage caused by collusion or improper damage usually lead to the exclusion of the obligation to perform. According to German law, some of these are also punishable as insurance fraud or insurance abuse ( Sections 263 and 265 of the Criminal Code ).
The so-called General Insurance Conditions (AVB) are included in the contracts as general terms and conditions . These also contain risk exclusions and special obligations for the insured. With a few exceptions, the General Terms and Conditions are subject to content control in accordance with general terms and conditions law ( §§ 305 ff. BGB). There are also additional insurance conditions that are adapted to the respective insurance types, such as the General Conditions for Motor Vehicle Insurance in Germany (AKB), the General Liability Conditions (AHB) and the General Legal Protection Conditions (ARB).
Insurance law areas
Typical areas of insurance law are:
- the transport insurance - and forwarding Insurance Law
- the insurance law (in particular the right of the vehicle , building , household items , luggage , fire , burglary and building insurance ), in the vehicle insurance is the " insurance " to hedge as far as the policyholder damage to your own vehicle ( for third-party damage see liability insurance).
- the law of private personal insurance (in particular the law of life , health , travel cancellation , accident , occupational disability and driver protection insurance )
- the liability insurance law (especially the right to insurance , private liability , company liability , liability insurance for the liberal professions , environmental and product liability insurance , building insurance ), here is insurance that must be completed to be able to regulate foreign damage.
- the legal protection insurance
- the Vertrauensschaden- and credit insurance
Company and supervision
Insurance companies in Germany are subject to insurance supervision by the Federal Financial Supervisory Authority (BaFin). Before an insurance company based in Germany starts business operations, it must go through an approval process. For companies based in Germany, there is also a so-called legal form requirement, ie they may only be founded as a stock corporation, European stock corporation (SE) or insurance association on mutuality (VVaG). The larger insurers are usually formed as a stock corporation or European company (SE) ( Section 8 (2) VAG). The (original) legal form of the mutual insurance association according to §§ 15 ff. VAG old version is the exception rather than the rule. The international insurance contract law can be found in the Rome I Regulation (Regulation (EC) 593/2008), which has been in force since December 17, 2009.
The Federal Financial Supervisory Authority ( Section 320 VAG) is responsible for the supervision of insurance companies in accordance with the provisions of the Insurance Supervision Act ( Sections 294 ff. VAG). An agency to supervise insurance companies will be set up across Europe in the future.
See also
- The following magazines appear on insurance law:
literature
- Andreas Kerst, Holger Jäckel: Insurance law , CH Beck: Munich 2010, ISBN 978-3-406-61020-2
- Manfred Wandt: Insurance law , Verlag Franz Vahlen, 6th edition Munich 2016, ISBN 978-3-8006-4816-0
