Lloyd's Maritime and Commercial Law Quarterly
INTERNATIONAL LEGISLATION
AUSTRIA
Motor Traffic (Commencement) (Compulsory Seat Belts) Decree was introduced in November and will come into force in mid-1976.
BELGIUM
Insurance Companies Act 1975. This Act is intended to protect the rights of insured parties and third parties concerned with the performance of insurance contracts. It applies to foreign and Belgian organisations carrying our insurance operations in Belgium. Institutions entering into contracts of insurance in Belgium (or concerning a Belgian risk) must be approved under the Act. Unapproved contracts will be void, but the institutions will be liable to an insured person who entered into the contract in good faith.
The Act makes provision for registration of the articles, names, etc., of the directors and managers and the holders of any non-paid up shares, with proof of a guarantee fund and deposited security fund. There are various provisions regarding the financial situation of insurance enterprises and a section on reciprocity. Enterprises must have reserves corresponding to their potential liabilities in respect of each type of insurance, and invested in assets belonging to the enterprise absolutely. There will be rules regarding rates and the drafting of documents relating to insurance contracts and an insurance control office is set up with rights of control, prohibition and inspection. The office has power to dismiss officials who ignore the provisions of the Act, and may replace them with a provisional manager of their choice.
Officials may be liable to insured persons and beneficiaries where there is loss caused by breaches of the Act and regulations unless the officials were not at fault, did not take part in the breach and took steps to minimise the loss. A consultative insurance commission is also set up. The Act has provisions relating to the dissolution of enterprises and also deals with the setting up of a motor insurers’ bureau.
Tank Ships (Prevention of Fire) Regulations, 1975. Operative June 23, 1975.
FRANCE
Shipowners Liability (Oil Pollution) Bill. Introduced into French Senate on Oct. 23, 1975.
SWEDEN
Insurance Contracts (Interest) Act. Operative June 5, 1975.
Merchant Shipping (Miscellaneous Provisions) Act. Operative June 5, 1975.
TREATIES
United Kingdom and Lebanon: Agreement concerning the mutual recognition of Tonnage Certificates of Merchant Ships signed in London, Aug. 6, 1975.
United Kingdom and Portugal: Agreement on International Road Transport signed in Lisbon, July 3, 1975.
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