Die Überwindung der Inkohärenz des Internationalen Privatrechts der Bank- und Versicherungsverträge

Private international law as it pertains to bank and insurance contracts is presently contained in various legal texts. The 1980 Rome Convention on the law applicable to contractual obligations only covers bank contracts and a part of insurance contracts. Private international law based on the European insurance directives does fill a part of the remaining gap, whereas the other part is filled by autonomous national conflict of law rules. Since the legal texts provide different concepts for determining which legal order should be applied, the prevailing private international law for bank and insurance contracts shows a lack of consistency. Kolja Stehl tries to overcome this inconsistency and suggests that a common conflict of laws rule be applied to bank and insurance contracts.