Compulsory Liability Insurance from a European Perspective (Tort and Insurance Law)

Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems the overall scheme for the law of liability insurance from a constitutional and a European perspective (implications of the four freedoms and the European Convention on Human Rights) Statutory Obligations To Take Out Liability Insurance Are, In Practice, The Most Important Means To Ensure Compensability Of Damage Arising From Dangerous Activities. This Study Surveys Compulsory Liability Insurance From Nine National Perspectives (austria, Belgium, The Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, And The United Kingdom). Introduction / Daniel Rubin -- Questionnaire -- Compulsory Liability In Austria / Daniel Rubin -- Compulsory Liability In Belgium / Herman Cousey And Caroline Van Schoubroeck -- Compulsory Liability In The Czech Republic / Petr Dobiás̆ -- Compulsory Liability In Finland / Jaana Norio-timonen -- Compulsory Liability In Germany / Robert Koch -- Compulsory Liability In Hungary / Péter Takáts -- Compulsory Liability In Italy / Diana Cerini -- Compulsory Liability In Switzerland / Andrea Stäubli -- Compulsory Liability In The United Kingdom / Özlem Gürses -- Compulsory Liability Insurance And European Union Law / Stefan Perner -- Compulsory Liability Insurance And Constitutional Law / Franz Merli -- Compulsory Liability Insurance In The Principles Of European Insurance Contract Law (peicl) / Helmut Heiss -- Compulsory Liability Insurance : Economic Perspectives / Michael Faure -- Compulsory Liability Insurance In A Changing Legal Environment : An Insurance And Reinsurance Perspective / Bernard Tettamanti, Hubert Bär, Jean-claude Werz -- Comparative Report / Daniel Rubin -- Conclusions / Daniel Rubin -- Annex: Rules On Contemporary Liability Insurance -- Austria / Daniel Rubin -- Belgium / Herman Cousy And Caroline Van Schoubroeck -- Czech Republic / Petr Dobiás̆ -- Finland / Jaana Norio-timonen -- Germany / Robert Koch -- Hungary / Péter Takáts -- Italy / Diana Cerini And Anna Teresa Memola -- Switzerland / Andrea Stäubli -- United Kingdom / Özlem Gürses. Attila Fenyves, Christa Kissling, Stefan Perner, Daniel Rubin (eds) ; With Contributions By Hubert Bär [and 17 Others]. Includes Bibliographical References And Index.

Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular:

• the aims of provisions stating an obligation to take out liability insurance
• the mandatory content of insurance cover
• the protection mechanisms linked to compulsory liability insurance
• the control mechanisms and the sanctions imposed
• structural deficiencies of existing compulsory liability insurance systems

Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular:

• the aims of provisions stating an obligation to take out liability insurance
• the mandatory content of insurance cover
• the protection mechanisms linked to compulsory liability insurance
• the control mechanisms and the sanctions imposed
• structural deficiencies of existing compulsory liability insurance systems