For the Want of Certainty: Vnuk, Juliana and Andrade and the Obligation to Insure.
In 2014, the Court of Justice of the European Union in Damijan Vnuk v Zavarovalnica Triglav extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension...
| Published in: | Modern Law Review Vol. 82; no. 6; pp. 1132 - 1146 |
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| Main Authors: | , |
| Format: | Article |
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Wiley-Blackwell
Nov2019
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=139373163&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 139373163 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Nov2019 vid: 82 iid: 6 pid: 480 pub: Wiley-Blackwell artinfo: ui: 139373163 10.1111/1468-2230.12466 ppf: 1132 ppct: 14 formats: fmt: – @attributes: type: T – @attributes: type: P size: 145KB tig: atl: For the Want of Certainty: Vnuk, Juliana and Andrade and the Obligation to Insure. aug: au: Marson, James Ferris, Katy su: Court of Justice of the European Union Automobile insurance Traffic regulations European Union law Insurance policies sug: subj: Court of Justice of the European Union Automobile insurance Traffic regulations European Union law Insurance policies ab: In 2014, the Court of Justice of the European Union in Damijan Vnuk v Zavarovalnica Triglav extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension, there remains uncertainty at statutory and jurisprudential levels. According to Fundo de Garantia Automóvel v Juliana, immobilised vehicles stored on private land but which are capable of being driven are subject to compulsory motor vehicle insurance whereas in Andrade v Crédito Agrícola Seguros, insurance is required only where the vehicle is used as a means of transport. Andrade appears overly restrictive and may operate to defeat the protections of the Motor Vehicle Insurance Directives. Clarification is needed, through a seventh MVID or direction from the CJEU, as to the authority of Andrade and the circumstances in which motor vehicles must be insured. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2019 holdings: @attributes: islocal: N |
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