Student guide Faculty of Law A.Y. 2008/09

Social Insurance Law
Aim of the course
The course provides a general outline of the statutes governing the activities of insurance companies, with particular emphasis on the characteristics of contracts and distribution systems. The specific topics of pension funds, and the forms of individual insurance and investment plans, are then studied more in depth. It is a recommended prerequisite to have passed the examination in commercial law.

1. Insurance activities. Regulation of insurance companies and contracts. Case law and statute law sources. Prospect of the single European market and the community regulations (overview).
2. The insurance company. Conditions for accessing and practicing the insurance profession. Infringement of the regulations and penalties.
3. Insurance contracts. General regulations governing insurance contracts, protection of the insured party (unconscionable and "vexatious" clauses, revocability and the right to change of mind). The different types of contracts under the civil code and special statutes. Life insurance policies. Types of contracts and the accumulation contract. Demographic risk and investment risk. Unit Linked and Index Linked contracts. Insurance policies against damages. Compensatory principle and connotations of the various operations and contracts. Credit insurance policies. Optional and compulsory liability insurance policies. Third party car insurance. Insurance against personal harm. Risks of injury, illness and loss of self-sufficiency. Insurance operations and related contracts (overview).
4. Agents, brokers, financial promoters and banking distribution channels. The community statutes governing insurance intermediation.
5. Complementary pensions: pension funds and complementary pension schemes.
6. Complementary health insurance, health insurance funds and private plans.

There will be an oral examination at the end of the course.

Reading list
Candian, A. D., Diritto delle assicurazioni (manuale), Giuffrè, Milano, 2004.
Candian, A. D., Istituzioni di diritto della previdenza complementare (fondi pensione e forme pensionistiche complementari), Giuffrè, Milano, 2004.