Insurance law in Portugal / Jorge Sinde Monteiro & Maria José Rangel de Mesquita.
2010
KKQ998 .M66 2010 (Map It)
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Details
Author
Title
Insurance law in Portugal / Jorge Sinde Monteiro & Maria José Rangel de Mesquita.
Uniform Title
International Encyclopaedia of Laws. Insurance Law.
Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2010]
Distributed
Frederick, MD : Sold and distributed in North, Central and South America by Aspen Publishers
Copyright
©2010
Call Number
KKQ998 .M66 2010
Former Call Number
Por 655 M74 2010
ISBN
9789041133236 (pbk. : alk. paper)
9041133232 (pbk. : alk. paper)
9041133232 (pbk. : alk. paper)
Description
154 pages : illustrations ; 24 cm
System Control No.
(OCoLC)664234233
Note
"This book was originally published as a monograph in the International encyclopaedia of laws/Insurance law."
Bibliography, etc. Note
Includes bibliographical references (pages 29-33) and index.
Record Appears in
Added Author
Table of Contents
The Authors
3
List of Abbreviations
13
Preface
15
General Introduction
17
[§] 1
General Background Information
17
I.
Political System
17
II.
Commerce and Industry
18
III.
Financial Institutions
19
IV.
Currency Legislation and Monetary Regulations
19
V.
Insurance Business, General Organization and Special Features
20
[§] 2
Historical Background of Insurance and Insurance Legislation
21
[§] 3
Sources of Insurance Law
21
I.
Legislation
22
A.
Supervisory Legislation
22
B.
Insurance Contract Law
23
C.
Non-life and Life Insurance Law
23
II.
Governmental Regulations
23
III.
Regulation by Governmental Agencies
23
IV.
Private International Law
23
V.
Jurisdiction
24
[§] 4
Dispute Settlement and Arbitration
24
[§] 5
Consumer Protection (In General, and With Regard to Insurance)
25
[§] 6
Compulsory Insurance
26
Selected Bibliography
29
pt. I
The Insurance Company
35
ch. 1
The Insurance Company: Its Form
35
[§] 1
Mutual Insurance, Premium Insurance, Other
35
[§] 2
Public or Private Nature
36
[§] 3
Factual Data
36
ch. 2
Access to Business
37
[§] 1
General
37
[§] 2
Authorization: Requirements and Procedures
37
ch. 3
Supervision
43
[§] 1
Solvency Control
43
[§] 2
Supervision of Tariffs and Insurance Conditions and Market Behaviour
45
ch. 4
Technical Reserves and Investments
47
ch. 5
Accountancy
48
ch. 6
Taxation of the Company
49
ch. 7
The Reinsurance Company
50
pt. II
The Insurance Contract: General
53
ch. 1
Generalities
53
[§] 1
Characteristics
54
[§] 2
Categories
56
[§] 3
General Principles
56
ch. 2
Insurable Risk
58
ch. 3
Formation of the Insurance Contract
60
[§] 1
General
60
[§] 2
Pre-Contractual Phase
60
I.
Damage Insurance
60
II.
Personal Insurance
61
[§] 3
Actual Formation of the Contract
62
[§] 4
Validity Requirements
63
[§] 5
Proof of the Contract
63
[§] 6
Insurance Policies
64
ch. 4
Obligations of the Insured
67
[§] 1
Description of Risk
67
[§] 2
Payment of Premium
67
[§] 3
Obligations in the Case of Insured Event
69
ch. 5
Obligations of the Insurer
71
[§] 1
Non-Life Insurance
71
I.
Over- and Under-insurance
71
II.
Subrogation
72
III.
Multiple Insurance
72
[§] 2
Life Insurance
73
ch. 6
Insurance and Third Parties
74
ch. 7
Termination of the Insurance Contract
75
ch. 8
Other General Rules
78
pt. III
Property and Liability Insurance
79
ch. 1
Fire Insurance
79
[§] 1
Introduction and Legal Framework
79
[§] 2
Fire Insurance Policy
79
ch. 2
Loss of Benefits Insurance
81
ch. 3
Transport Insurance
82
[§] 1
Introduction and Legal Framework
82
[§] 2
Insurance Policy
82
ch. 4
Liability Insurance
83
[§] 1
Introduction and Legal Framework
83
[§] 2
Private Liability Insurance
85
[§] 3
Professional Liability Insurance
85
[§] 4
Commercial Liability Insurance
86
[§] 5
Other Special Liability Insurance
87
ch. 5
Motor Vehicle Insurance (pro memoria)
88
ch. 6
Legal Aid Insurance
89
[§] 1
Introduction and Legal Framework
89
[§] 2
Insurance Contract
89
[§] 3
Legal Aid Insurance Coverage
90
ch. 7
Aviation and Space Insurance
91
ch. 8
Theft and Embezzlement Insurance
92
ch. 9
Agricultural Insurance, Hail Insurance, Livestock Insurance
93
[§] 1
Introduction and Legal Framework
93
[§] 2
Insurance Policy
93
[§] 3
Integrated System for Protection Against Random Climatic Events
94
ch. 10
Catastrophe Insurance
95
[§] 1
General
95
[§] 2
Nuclear Risks
95
[§] 3
Natural Catastrophes
95
ch. 11
Credit and Caution Insurance
96
[§] 1
General
96
[§] 2
Credit Insurance
97
[§] 3
Caution Insurance
98
ch. 12
Technical Insurance
99
ch. 13
Miscellaneous Insurance
100
pt. IV
Motor Vehicle Insurance
101
[§] 1
Introduction and Legal Framework
101
[§] 2
Motor Insurance Policies
102
[§] 3
Compulsory Motor Vehicle Third-Party Liability Insurance
102
I.
Duty to Take Out Compulsory Third-party Liability Insurance
102
II.
Scope of Coverage
103
III.
Main Exclusions
104
IV.
Territory Covered by Insurance
104
V.
Recourse (against the Insured)
105
VI.
Guarantee Institution for Motor Vehicles: The Motor Vehicle Guarantee Fund
105
VII.
Limitation of Actions and Procedural Rules
106
VIII.
Provisions on Claims Handling and on Calculating Indemnity
107
[§] 4
Other Risk Insurance for Motor Vehicles
108
I.
Scope of Coverage
108
II.
Exclusions
108
III.
Over-insurance
109
pt. V
Insurance of the Person
111
ch. 1
Workmen's Compensation and Occupational Disease
111
[§] 1
General
111
[§] 2
Workmen's Compensation Insurance for Employees
113
[§] 3
Workmen's Compensation Insurance for Independent Workers
114
[§] 4
Workmen's Compensation Fund
114
ch. 2
Bodily Injuries
116
ch. 3
Private Health Insurance
118
ch. 4
Life Insurance
120
[§] 1
Individual Life Insurance
120
[§] 2
Group Life Insurance
124
ch. 5
Pension Funds
126
[§] 1
Pension Plans
126
[§] 2
Pension Funds
127
I.
General
127
II.
Authorization and Modification
128
III.
Extinction and Winding-up
128
IV.
Governance Structures
129
A.
Management Entities
129
B.
Depositaries and Other Entities
130
V.
Governance Mechanisms for Pension Funds
130
VI.
Prudential Rules
131
VII.
Supervision
131
pt. VI
Private Insurance: Social Security
133
pt. VII
Insurance Intermediaries
135
ch. 1
Law of Establishment and Supervision
135
[§] 1
General Introduction
135
[§] 2
Registration
136
ch. 2
Insurance Intermediaries and the Insurance Contract
139
pt. VIII
Reinsurance and Co-insurance
141
pt. IX
Taxation of Insurance
143
[§] 1
Taxation
143
I.
Stamp Tax
143
II.
Other Tax
143
[§] 2
Tax Deduction and Tax Benefits
144
pt. X
Risk Management and Prevention
147
Index
149