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Law Applicable to the Insurance Recourse

  • Mariusz Fras

摘要

This chapter is devoted to the problems of finding the law applicable to recourse depending on whether the recourse will be exercised by the insurer against a third party outside the insurance contract (typical recourse) or will be exercised against a party to the insurance contract (atypical recourse). Atypical recourse is provided for in individual national orders in special situations. The chapter under discussion indicates the relationship between the Rome II Regulation and the Hague Convention as to recourse in general and the recourse of social security institutions. The issue of international jurisdiction in the assertion of recourse is also analysed.