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Title III: Rules relating to life insurance and capitalisation operations

Article L131-1 of the French Insurance Code

In life insurance and personal accident insurance, the sums insured are fixed by the contract. In the case of life insurance or capitalisation operations, the guaranteed capital or annuity may be expressed in units of account made up of transferable securities or assets offering sufficient protection for the savings invested and appearing on a list drawn up by decree by the Conseil d’Etat. The policyholder or beneficiary receives payment in…

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Article L131-1-1 of the French Insurance Code

The units of account referred to in the second paragraph of article L. 131-1 may consist of units in alternative investment funds open to professional investors, covered by sub-section 3 of section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code, subject to conditions relating in particular to the financial situation, knowledge or experience of the contracting party. A Conseil d’Etat decree sets…

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Article L131-1-2 of the French Insurance Code

Contracts with unit-linked guarantees as referred to in the second paragraph of article L. 131-1 must refer to at least one unit of account made up of transferable securities, collective investment undertakings or assets included in the list referred to in the same article L. 131-1 and which comply with at least one of the following conditions: 1° Between 5% and 10% of the units are made up of securities…

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Article L131-2 of the French Insurance Code

In personal insurance, once the sum insured has been paid, the insurer cannot be subrogated to the rights of the policyholder or beneficiary against third parties in respect of the claim. However, in contracts guaranteeing compensation for losses resulting from personal injury, the insurer may be subrogated to the rights of the contracting party or beneficiaries against the liable third party, for reimbursement of the compensation benefits provided for in…

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Article L131-3 of the French Insurance Code

Insurance companies governed by this code which market supplementary health insurance contracts must include in the documents they send to their policyholders or which are used for advertising purposes, the conditions of reimbursement, in a simple and standardised manner, quantified in euros, for the most common care expenses or for those for which the out-of-pocket expenses are the highest, in accordance with the procedures specified by order of the Minister…

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Article L131-4 of the French Insurance Code

I.-When one or more of the units of account referred to in Article L. 131-1 are made up of units or shares in a collective investment undertaking whose redemption or issue of units or shares has been suspended and which is unable to publish a net asset value, the insurance undertaking may: 1° Propose to the policyholder or beneficiary that he/she pay out surrenders, lump-sum benefits in the event of…

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Article L132-2 of the French Insurance Code

Insurance in the event of death taken out by a third party on the life of the insured is null and void if the insured has not given his or her consent in writing, specifying the capital or annuity initially guaranteed. The insured’s consent must, on pain of nullity, be given in writing for any assignment or pledge and for the transfer of the benefit of the contract taken out…

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Article L132-3 of the French Insurance Code

It is forbidden for anyone to take out insurance in the event of the death of a minor under the age of twelve, an adult under guardianship or a person placed in a psychiatric hospital. However, this prohibition does not apply to the funeral finance packages referred to inarticle L. 2223-33-1 of the General Local Authorities Code taken out on the life of an adult under guardianship. Any insurance contracted…

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Article L132-4 of the French Insurance Code

Insurance in the event of death may not be taken out by another person on the life of a minor who has reached the age of twelve without the authorisation of the parent who has parental authority, or of the minor’s tutor or curator. This authorisation does not dispense with the personal consent of the incapable person. In the absence of such authorisation and consent, the contract shall be declared…

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