English language version
Choose language:

Insurance-problems.org



» Insurance » Insurance law » Topics begins with I » Insurance contract law


Page modified: Saturday, June 24, 2006 09:36:38

The law over the insurance contract (VVG) comes from 30. May 1908. It regulates the rights and obligations of insurer and insurant. It is divided into five sections:

Base data
Title:Law over the insurance contract
Abbreviation:VVG
Kind:Federal law
Area of application:Federal Republic of Germany
Right subject:Private law/social right
FNA:7632-1
Date of the law:30. May 1908 (RGBl. 1908, P. 263)
The entry into force to:
Last change through:Kind 6 law from 2 December 2004 (BGBl. I P. 3102)
The entry into force that-last change: 1)8. December 2004 (kind 9 law from 2 December 2004)
1) Please you consider the reference to the valid law version!
  1. Section: Regulations for all branches of insurance
  2. Section: Insurance against loss
  3. Section: Life and health insurance
  4. Section: Accident insurance
  5. Section: Concluding clauses

An important regulation is "§ 67 VVG, after which a requirement of the hurt one (insurant) turns into against the on the insurer (so-called legal assignment).

Too "§ 48b VVG exists a plant for remote paragraph contracts.

For the insurance contract law an introductory law was issued (EGVVG). The insurance contract right is very much laid out to favour of the insurance. Like that it is even permitted to the insurance, if the insurant cannot pay a premium, to quit the contract but nevertheless still for the entire remainder of the insurance period the full premium to take the money, without granting however insurance protection! ("§40 VVG i.V.m. "§ 39 VVG)

Regulations

The regulations of the VVG contain compelling, halfcompelling, and abdingbare regulations.

Compelling regulations may be changed neither to favour nor to Ungunsten of the insurant (VN). E.G. a fraudulent double insurance is futile! ("§51 (III) VVG and "§59 (III) VVG)

Halfcompelling regulations may be changed only for the advantage of the insurant. Here the consumer protection thought is legally embodied. So an insurer can limit its resignation possibilities ("§20 VVG) or not change the consequences of information taken place ("§28 VVG) to favour of the insurant. ("§34a i.V.m "§"§16 to 29a VVG) many insurers do without in general conditions of insurance them after "§40 VVG which is entitled the remainder premium of the current insurance yearly when abnormal termination the insurance contract.

Abdingbare regulations make possible to embody the insurer own regulations in its "general conditions of insurance" (AVB). No special regulation met too applies the law. Students and insurance buyers work usually with expenditures of the Beck publishing house (up-to-date in the middle of 2005 is the 10. Expenditure).

Revised version

The Federal Government plans the revised version of the law with effect to 1 January 2008. After that (04.2006) available ministerial draft bill at present are substantial changes to favour of the insurants planned, e.g. with the regulations for the premature cancellation of an agreement of life insurances. Also the set period of exclusion existing with insurance contracts is to yield a uniform period of limitation.

Related links


Related Websites

We found here 5 related websites.

  • Contract Law
    Free contract law information for individuals and small businesses written ... What legal remedies do I have if my insurance company won't pay my claim or ...

  • Insurance Contract Law
    On 18 January 2006, a scoping paper was issued jointly with the Scottish Law Commission inviting views as to which areas of insurance contract law give rise ...

  • INSURANCE CONTRACT LAW
    insurance contract law. We would very much welcome your views on its scope ... 1.5 The English Law Commission last considered insurance contract law in 1980 ...

  • INSURANCE CONTRACT LAW 5741 1981
    INSURANCE CONTRACT LAW 5741-1981. CHAPTER ONE: PROVISIONS FOR ALL. CATEGORIES OF INSURANCE. Article One: Insurance Contract. Insurance contract ...

  • INSURANCE CONTRACT LAW, 1981 Chapter One: Provisions for All ...
    INSURANCE CONTRACT LAW, 1981. Chapter One: Provisions for All Classes of Insurance. Article One: Insurance Contract. 1. An insurance contract is a contract ...

Page cached: Thursday, February 9, 2012 20:30:40
Valid XHTML 1.0!  Valid CSS!

Page copy protected against web site content infringement by Copyscape