Open AccessDIRECT ACTIONS AGAINST INSURERS IN CROSS-BORDER TRAFFIC ACCIDENTS IN AN EUROPEANISED PRIVATE INTERNATIONAL LAW – WHAT PROTECTION FOR THE INJURED PARTIES?
Author(s) -
Klea Vyshka
Publication year - 2020
Publication title -
pravni vjesnik
Language(s) - English
Resource type - Journals
eISSN - 1849-0840
pISSN - 0352-5317
DOI - 10.25234/pv/10274
Subject(s) - conflict of laws , law , state (computer science) , private law , perspective (graphical) , business , member state , political science , international law , member states , law and economics , public law , european union , economics , international trade , computer science , algorithm , artificial intelligence
This article offers a discussion of the law applicable to cross-border traffic accidents, from the perspective of the protection of injured parties. The introduction of principles like direct actions against insurers by injured third parties (forum actoris), mostly because of CJEU’s liberal approach, puts into question the relationship between European private international law and national Member State rules of conflict-of-laws. This article aims to propose an answer to the question “Does the European private international law set of rules offer an adequate protection for the injured parties?” with the view of offering also a few recommendations for the reformation of the Rome II Regulation.