liu.seSearch for publications in DiVA
Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • oxford
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Direktkrav vid ansvarsförsäkring i Sverige och i Finland: en bedömning av rättslägen samt en diskussion om direktkravets lämplighet
Linköping University, Department of Management and Economics.
2004 (Swedish)Independent thesis Advanced level (degree of Magister)Student thesisAlternative title
Direct Action regarding liability insurance in Sweden and Finland : a comparison of applicable law and a discussion with regard to the suitability of direct action (English)
Abstract [en]

Two different claim relations arises with a damage covered by a liability insurance. The first claim relation is of course the one between the claimant and the liable as a claim for damages. The other claim relation arises between the liable in his capacity of insured and his insurer as a claim for compensation under the liability insurance.

There is a tight connection between the two claim relations because of the fact that it is the claimant’s claim for damages that gives rise to the claim for insurance compensation. The insured persons claim for insurance compensation is just a claim to be indemnified for his liability against the claimant. Because of this close connection between the two claim relations one might think that also a third claim relation, i.e. between the claimant and the insurer, should arise. Would it not be suitable to let the claimant direct his claim directly to the liability insurer? Such a right shall be called a direct action.

There is a few differences between the applicable law in Sweden and Finland regarding a claimants rights to a direct action against the liable’s insurer. The Swedish Law of Insurance Contracts (FAL) does not give the claimant an explicit right to raise a claim directly against the liable’s insurer. However, the Swedish claimants have been given such a right by the courts when the liable is bankrupt. This right to direct action has in jurisprudence been considered an imperative right, despite the fact that the regulation itself is not imperative. There has been a debate in Sweden about whether the claimant’s right really should be called a direct action. An essential difference between the Swedish and the Finnish direct action is that the insured persons marketing can trigger a direct action in Finland, something that I have questioned the suitability of.

I have questioned the suitability of an absolute direct action because it is, in my opinion, not corresponding with the purpose of liability insurance. As an alternative method for ensuring the claimant’s rights of compensation I have suggested an increased use of compulsory liability insurance, combined with a right to direct action. Such a solution seems more appropriate to me and it avoids the forcing of a claimant’s interest into free relations of contract.

Place, publisher, year, edition, pages
Ekonomiska institutionen , 2004. , 57 p.
Series
Master Thesis in Business Administration (Magisteruppsats från Ekonomprogrammet), 2004:9
Keyword [en]
Law, direktkrav, direktkravsrätt, direct action, ansvarsförsäkring, försäkringsrätt
Keyword [sv]
RÄTTSVETENSKAP/JURIDIK
National Category
Law
Identifiers
URN: urn:nbn:se:liu:diva-2242OAI: oai:DiVA.org:liu-2242DiVA: diva2:19572
Uppsok
samhälle/juridik
Available from: 2005-02-25 Created: 2005-02-25

Open Access in DiVA

fulltext(394 kB)1359 downloads
File information
File name FULLTEXT01.pdfFile size 394 kBChecksum MD5
e2f956f0374931b67ec5d95a6d6df0f067b6b9d06bf1116d15bdf67431bdf9044b7272e2
Type fulltextMimetype application/pdf

By organisation
Department of Management and Economics
Law

Search outside of DiVA

GoogleGoogle Scholar
Total: 1359 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 729 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • oxford
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf