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.
Syllabus
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.
Examinations
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.