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The Act On The Law Applicable To Certain Insurance Contracts Kansainvälisluonteisiin

Original Language Title: Laki eräisiin kansainvälisluonteisiin vakuutussopimuksiin sovellettavasta laista

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Law applicable to certain types of international insurance contracts

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

General provisions
ARTICLE 1
Scope

This law lays down which state law applies to an insurance contract where the risk covered by the non-life insurance is located in one of the countries of the European Economic Area ( EEA State ) Or where the person insured person is habitually resident or, where the policy holder is a legal person, the place of business of which the contract relates is located in the EEA State. (18.12.1998/ 410 v 1999)

The law does not apply to reinsurance or statutory patient, accident or pension insurance.

ARTICLE 2
Definitions

Life insurance policy In this Act also means accident insurance and sickness insurance if they have been awarded as supplementary insurance.

Damage insurance For the purposes of this Act, the term 'insurance other than life assurance'.

With a legal reference Referred to as the contract law applicable to contract law.

Damage insurance
ARTICLE 3
Risk location

The insured risk shall be deemed to be:

(1) in the State where the property is situated, where the property is covered by a property or building or a building with its movable property, provided that the movable property is insured with the same insurance as the building;

(2) in the country where the vehicle is registered when the vehicle is covered by a vehicle;

(3) in the State where the policy holder has concluded an insurance contract in the case of a period of not more than four months or a declaration relating to risks relating to loma; and

(4) in the cases in which the policyholder has his habitual residence or, where the policyholder has legal personality, where the policyholder has the place of business to which the contract relates.

§ 4
High risk insurance

For the purpose of high risk insurance means:

(1) insurance for railway rolling stock, aircraft, ship or carriage, the liability of the aircraft or the carrier or any other liability arising from the use of the aircraft or ship;

(2) credit or guarantee insurance linked to the pursuit of the occupation or activity of the policy holder; or

(3) other property damage, property damage or liability for damages, except insurance for legal expenses insurance and assistance to the traveller, if the policy holder meets at least two of the following: Of three symbols:

(a) the policy holder's balance sheet total exceeds EUR 37,2 million;

(b) the policyholder's turnover exceeds EUR 76,8 million;

(c) the average number of employees employed by the policy holder during the accounting year is more than 250.

Where the policyholder belongs to a group which is required to draw up consolidated financial statements, the figures for the consolidated financial statements shall be used for the purposes of paragraph 1 (3).

§ 5
Reference to the non-life insurance contract

The parties may agree to a legal reference without restriction in the insurance contracts referred to in Article 4. It is also possible to agree on a legal reference to the law of the policyholder's habitual residence.

Where the risk is not situated in the State where the policyholder has his habitual residence, a legal reference may be made to the law of the State where the risk is situated.

Where a policyholder pursues a commercial or industrial activity or a free profession, and if the contract covers a number of risks in different countries with regard to those activities, a legal reference may be agreed to a law.

Where a policyholder is a legal person, in the cases referred to in paragraphs 1 and 2, the policyholder shall be considered as a member of the policy of the policyholder's main administration.

ARTICLE 6
Clarification of the legal reference

The parties may, without restriction, agree a legal reference where it is permissible under the law of a State referred to in Article 5.

If the insurance is only reimbursed by insurance events occurring in a State other than the one where the risk is situated, the parties may always agree to a legal reference to the law of the first State.

§ 7
Applicable law in the absence of a legal reference

Where a legal reference has not been agreed in accordance with Sections 5 or 6, the law of the State where the policyholder has his habitual residence or the location of the main administration as referred to in Article 5 (4), if the risk is also situated in that State. Otherwise, the law of the State to which the contract is most closely connected shall apply.

The agreement is considered to be closely related to the State where the risk is situated, unless otherwise displayed.

§ 8
Mandatory insurance

Notwithstanding the foregoing, compulsory insurance shall be governed by the law of the State where the insurance is made compulsory.

Life insurance
§ 9
General conflict-of-law provision concerning the life insurance contract

The life insurance contract shall be governed by the law of the State where the policyholder has his habitual residence. Where the policy holder is a legal person, the law of the State where the policy holder has an office to which the contract relates shall apply.

ARTICLE 10
Legal reference in the life insurance contract

The parties to the life insurance contract may agree to a legal reference where, under the law of the State referred to in Article 9, it is permitted.

Where the policyholder is a natural person and has his habitual residence in a Member State other than that of which he is a national, the parties may agree to a legal reference to the law of the latter State.

Specific provisions
ARTICLE 11
Application of mandatory provisions of Finnish law

Notwithstanding the fact that the insurance contract is to be criticised under the law of a foreign country, it may be subject to the provisions of Finnish law which are binding, irrespective of the applicable law.

ARTICLE 12
Application of Finnish consumer protection rules

Where a consumer who is a party to an insurance contract is a consumer who has his habitual residence in Finland and has been born as a result of the fact that the insurer or its agent has marketed insurance in Finland, the Finnish law shall apply to the consumer protection Mandatory provisions. The legal reference shall not reduce the rights of the consumer in accordance with those provisions.

ARTICLE 13 (18.12.1998/ 410 v 1999)
Provisions relating to the law applicable to contracts

Otherwise, the insurance contracts referred to in this Act shall be governed by the provisions of the Convention relating to the law applicable to contractual obligations of 19 June 1980 in Rome.

Entry into force
ARTICLE 14
Entry into force:

This Act shall enter into force at the time laid down by the Regulation.

The law applies to contracts concluded after the entry into force of the law.

THEY 235/92 , TaVM 44/92, Annex IX to the EEA Agreement: Council Directives (73/22/EEC, 79 /267/EEC, 88 /357/EEC and 90 /619/EEC)

Entry into force and application of amending acts:

18.12.1998/410.

This Act shall enter into force at the time laid down by the Regulation. (As of 1 April 1999, L 410/1999 came into force on 1 April 1999.)

Insurance contracts concluded before the entry into force of this Act shall be governed by an earlier law.

THEY 103/1998 , LaVM 14/1998, EV 174/1998