| Project/Area Number |
02620017
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Hiroshima University |
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Principal Investigator |
YAMASHITA Takeshi Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (30033749)
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| Project Period (FY) |
1990 – 1991
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| Project Status |
Completed (Fiscal Year 1991)
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| Budget Amount *help |
¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 1991: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1990: ¥400,000 (Direct Cost: ¥400,000)
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| Keywords | EC / Creation OF The Single Market / EFTA / Insurance Business Act / Insurance Business / Insurance Business Controly / Deregulation / Harmonization Of Insurance Legislation / 金融事業 / 消費者保護 |
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| Research Abstract |
(1) To create the single market especially for the private insurance business EC Commission is making effort to faciliate the deregulation of the national insurance business controly. For that purpose the most important points are the liberalization for the insurance prices and products by abolishing the strict controly for insurance premium rates and general contract terms. In the near future it will only be acquired for the insurance companies to have the basic controly by their own countries for accessing the other membership contries' market. Against non-membership countries the EC Commission would claim the mutuality-rule for the equal treatment.
(2) For us Japan it would be useful and meaningful to research the newest situation and attitude of the non-membership countries, especially those of EFTA. They are located so near from the EC countries and have a close economic connection with EC. By that reason they must try to adjust their own controlling system with the EC system. Tha
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author has researched the nowaday's situation of the EC legslation, Germany's and Switzerland's in this area.
(3) The Directives of the EC Commission for, this area sujest tha fact that the self-controll method of UK is more suitable for a single mark (et than the material system of the Continent. The strict natinal controll system would be abolished not only in the EC membership countries but also outside the EC. The effort of Switzerland is very symbolic. They must adjust their system with the EC's for getting the status admitted free access into the EC insurance market.
(4) it means that the so-called traditional material system would trace the diminishing road over the world, not except Japan. Japan's strict controly system has been introduced from the Germany's and Germany had received it from Switzerland. Japan must change it's attitude for accessing the European market.
(5)Recently the Japanes Government has declared that they would abolish their strict controlling system against the life insurance premiums. The Japanese Fair Trade Commission had opened the result of their research for the excepted areas from the Japanes Anti-Monoply Act, including a part of the non-life insurance business. Very wide changement of the Governmental attitude for this problem will be foreseeable in the course of amending the Japanes Insurance Business Act. Less
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