Cap. 16 · Civil Code (Cap. 16)
Cap. 16 Art. 1712IApplicable law.
Sub-title 1 - Contractual issues
(1) Subject to sub-article (3), the validity and effects of a contract of life insurance, the obligations of the insurer, the rights of the policyholder, the person whose life is assured, any beneficiaries and those of third parties, shall be governed by the proper law expressly chosen by the parties.
(2) In the absence of an express choice, the law applicable in accordance with generally applicable principles of private international law and, in case of doubt, the contract, shall be governed by the law of the country where the insurer carries on its business, and if it carries on its business in two or more countries, by the law of the country in which its head office is situated.
(3) Notwithstanding the choice of a foreign proper law and the express terms of the policy in such case:
(i) when the person whose life is assured is habitually resident in Malta on the date of the policy, article 1712B shall apply; and
(ii) where the policy holder is domiciled in Malta the provisions of article 1712E shall apply.
Historique des modifications
- Amended by XI.2005.3