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General good rules (GGR)

Non-exhaustive list of general good rules

Where the law applicable to a contract is the law of the State party to the Agreement on the European Economic Area in which the insurance undertakings’ head offices are registered, the exercise of insurance activities carried out by these undertakings in France1 is nevertheless governed by French general interest rules not harmonised at European level, the list of which is provided in the table below.

This list includes only those provisions of the French Insurance Code, of French Law No 89-1009 of 31 December 1989 strengthening the guarantees offered to policyholders against certain specific risks, as well as those provisions of Books II and V of the French monetary and financial Code the ACPR is tasked with ensuring compliance with. It is provided for guidance only, and it does not include any other general interest provisions, either codified or non-codified, including legal instruments adopted by the ACPR, whether they be legally binding or not2, that govern the exercise of the activity concerned in France.

In this respect, it is insurance undertakings’ responsibility to find out which provisions are applicable to them.

 


1 France shall be understood to mean territory covering metropolitan France, as well as the French overseas departments and regions and Saint-Martin.

2 The legal instruments adopted by the ACPR, whether they be binding or non-binding, can be consulted on the ACPR’s official register (https://acpr.banque-france.fr/page-sommaire/textes-de-reference) The other applicable provisions are published in the Journal officiel de la République Française and can be accessed on the Legifrance website

 

 

Non-exhaustive list of general good rules relating to Book I of the French Insurance Code

Topic of the GGR

Identification of the GGR

Link to the GGR

Common rules applicable to casualty insurance and life and health insurance: general provisions

Non-harmonised legislative provisions of Chapter I, Title I, Book I of the French Insurance Code

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Common rules applicable to casualty insurance and life and health insurance: conclusion and proof of insurance contract - form and transfer of insurance policies

Non-harmonised laws and regulations of Chapter II, Title I, Book I of the French Insurance Code 

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Common rules applicable to casualty insurance and life and health insurance: obligations of the insurer and the insured

Non-harmonised laws and regulations of Chapter III, Title I, Book I of the French Insurance Code

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Common rules applicable to casualty insurance and life and health insurance: jurisdiction and limitation period

Non-harmonised laws and regulations of Chapter IV, Title I, Book I of the French Insurance Code

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Rules applicable to casualty insurance: general provisions

Non-harmonised laws and regulations of Chapter I, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: fire insurance

Non-harmonised legislative provisions of Chapter II, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: insurance against hail and livestock death

Non-harmonised legislative provisions of Chapter III, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: liability insurance

Non-harmonised laws and regulations of Chapter IV, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: insurance against natural disaster risks

Non-harmonised laws and regulations of Chapter V, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: insurance against acts of terrorism

Non-harmonised laws and regulations of Chapter VI, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: legal expense insurance

Non-harmonised legislative provisions of Chapter VII, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: insurance against technological disaster risks

Non-harmonised laws and regulations of Chapter VIII, Title II, Book I of the French Insurance Code

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Rules applicable to casualty insurance: group damage insurance

Non-harmonised legislative provisions of Chapter IX, Title II, Book I of the French Insurance Code

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Rules applicable to life and health insurance and to capitalisation transactions: general provisions

Non-harmonised laws and regulations of Chapter I, Title III, Book I of the French Insurance Code

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Rules applicable to life insurance and capitalisation transactions: life insurance and capitalisation transactions

Non-harmonised laws and regulations of Chapter II, Title III, Book I of the French Insurance Code

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Rules applicable to life insurance and to capitalisation transactions: access to insurance against death or disability

Non-harmonised legislative provisions of Chapter III, Title III, Book I of the French Insurance Code

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Rules applicable to life insurance and capitalisation transactions: commitments giving rise to a diversification provision

Non-harmonised laws and regulations of Chapter IV, Title III, Book I of the French Insurance Code

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Group insurance: general provisions applicable to group insurance

Non-harmonised laws and regulations of Chapter I, Title IV, Book I of the French Insurance Code

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Retirement savings plans giving rise to a group insurance policy

Non-harmonised laws and regulations of Chapter II, Title IV, Book I of the French Insurance Code

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Group insurance: supplementary occupational pension

Non-harmonised laws and regulations of Chapter III, Title IV, Book I of the French Insurance Code

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Group insurance: group personal protection insurance and group supplementary pension contracts entered into by associations of underwriters

Non-harmonised laws and regulations of Chapter IV, Title IV, Book I of the French Insurance Code

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Group insurance: special provisions relating to the coinsurance of certain collective transactions with insurance undertakings governed by the French Social Security Code and the French Mutual Insurance Code

Non-harmonised legislative provisions of Chapter V, Title IV, Book I of the French Insurance Code

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Rules applicable to capitalisation contracts: draws

Non-harmonised regulatory provisions of the single chapter included in Title V, Book I of the French Insurance Code

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Miscellaneous provisions applicable to insurance and capitalisation contracts

Non-harmonised laws and regulations of the single chapter included in Title VI, Book I of the French Insurance Code

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Rules applicable to marine, aviation, space, lake and inland waterways insurance contracts, covering goods transported by all modes of transportation, and spacecraft third-party liability insurance: general provisions

Non-harmonised laws and regulations of Chapter I, Title VII, Book I of the French Insurance Code

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Rules applicable to marine, aviation, space, lake and inland waterways insurance contracts, covering goods transported by all modes of transportation and spacecraft third-party liability insurance: common rules applicable to marine, inland waterway and lake insurance and covering goods transported by all means of transportation

Non-harmonised laws and regulations of Chapter II, Title VII, Book I of the French Insurance Code

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Marine, aviation, space, inland waterways and lake insurance contracts, in respect of goods transported by all means of transportation, and spacecraft third-party civil liability insurance: specific rules applicable to marine, inland waterway and lake insurance and covering goods transported by all means of transportation

Non-harmonised legislation of Chapter III, Title VII, Book I of the French Insurance Code, excluding Sections I and III

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Contracts relating to marine insurance, aviation and space insurance, inland waterways and lake insurance, covering goods transported by all modes of transportation and spacecraft third-party liability insurance contracts: hull insurance and aircraft third-party liability insurance

Non-harmonised laws and regulations of Chapter V, Title VII, Book I of the French Insurance Code

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Contracts relating to marine insurance, aviation and space insurance, inland waterways and lake insurance, covering goods transported by all modes and aircraft third-party liability insurance: space operation third-party liability Insurance

Non-harmonised legislative provisions of Chapter VI, Title VII, Book I of the French Insurance Code

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Law applicable to insurance contracts for risks located in the territory of one or more States party to the Agreement on the European Economic Area and for commitments entered into therein

Non-harmonised legislative provisions of Title VIII, Book I of the French Insurance Code

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Specific provisions applicable to the Bas-Rhin, Haut-Rhin and Moselle departments and provisions applicable to Mayotte, the Wallis and Futuna Islands and the French Southern and Antarctic Territories: special provisions applicable to general insurance in the departments of Bas-Rhin, Haut-Rhin and Moselle

Non-harmonised legislative provisions of Chapter I, Title IX, Book I of the French Insurance Code

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Specific provisions applicable to the Bas-Rhin, Haut-Rhin and Moselle departments and provisions applicable to Mayotte, the Wallis and Futuna Islands and the French Southern and Antarctic Territories: special provisions applicable to insurance contracts excluding inland waterways in the departments of Bas-Rhin, Haut-Rhin and Moselle

Non-harmonised legislative provisions of Chapter II, Title IX, Book I of the French Insurance Code

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Non-exhaustive list of general good rules relating to Book III of the French Insurance Code

Topic of the GGR

Identification of the GGR

Link to the GGR

Consideration of European Economic Area (EEA) Member States as equivalent to European Union (EU) Member States

Non-harmonised legislative provisions of Section I, Chapter I, Title I, Book III of the French Insurance Code

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Consideration of European Economic Area (EEA) Member States as equivalent to European Union (EU) Member States

Non-harmonised legislative provisions of Section I, Chapter I, Title I, Book III of the French Insurance CodeRead on Legifrance
Non-exhaustive list of general good rules relating to Book IV of the French Insurance Code
Topic of the GGRIdentification of the GGRLink to the GGR

Participation of insurance companies in group insurance plans

Non-harmonised legislative provisions of Section I, Chapter I, Title IV, Book IV of the French Insurance Code

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Compulsory clauses in insurance contracts relating to specific group personal protection plans and insurance operations (group contract)

Non-harmonised legislative provisions of Section I, Chapter I, Title IV, Book IV of the French Insurance Code

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Information to the policyholder in the context of operations with optional affiliation and sanctions

Non-harmonised legislative provisions of Section I, Chapter I, Title IV, Book IV of the French Insurance Code

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General information obligations vis a vis the policyholder in respect of insurance contracts relating to specific group personal protection plans and insurance operations (optional or compulsory)

Non-harmonised legislative provisions of Section I, Chapter I, Title IV, Book IV of the French Insurance Code

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Prohibition against requiring the payment of premiums or contributions

Non-harmonised legislative provisions of Section I, Chapter I, Title IV, Book IV of the French Insurance Code

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Indication in the agreement of the amount of the charges levied by the assurance undertaking

Non-harmonised regulatory provisions of Section II, Chapter I, Title IV, Book IV of the French Insurance Code

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Non-exhaustive list of general good rules relating to Book V of the French Insurance Code an pertaining to the exercise of insurance and reinsurance distribution activities in France (Article 11 of Directive EU No 2016/97 of 20 January 2016)
Topic of the GGRIdentification of the GGRLink to the GGR

Vicarious liability (civil liability of the employer or principal for wrongful acts committed by its employees or its agents in the course of the distribution activity)

Non-harmonised legislative provisions of Section I, Chapter 1, Title 1, Book V of the French Insurance Code

 

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Information to policyholders (duty of advice for life insurance policies)

Non-harmonised legislative provisions of Section III, Chapter 1, Title II, Book V of the French Insurance Code

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Information to policyholders (duty of advice excluding life insurance policies)

Non-harmonised legislative provisions of Section III, Chapter 2, Title II, Book V of the French Insurance Code

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Conditions for termination of the general agent’s contract with the insurer

Non-harmonised legislative provisions of the single chapter included in Title IV, Book V of the French Insurance Code

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Information to be provided by the intermediary (with regard to conflict of interest and transparency)

Non-harmonised regulatory provisions of the single chapter included in Title II, Book V of the French Insurance Code

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Remuneration of the intermediary (with regard to conflict of interest and transparency)

Non-harmonised regulatory provisions of Chapter 1, Title I, Book V of the French Insurance Code

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Information to policyholders (identity of the insurer)

Non-harmonised regulatory provisions of the single chapter included in Title II, Book V of the French Insurance Code

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Producer-distributor agreements

Non-harmonised legislative provisions of Section II, Chapter 2, Title III, Book I of the French Insurance Code

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Additional requirements applicable to the distributors of insurance-based investment products

Non-harmonised legislative provisions of Section I, Chapter 2, Title II, Book V of the French Insurance Code

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Financial guarantee

Non-harmonised legislative provisions of the single chapter included in Title III, Book V of the French Insurance Code. 

This CRA only applies to EU insurers operating in France through French brokers registered with ORIAS.

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Non-exhaustive list of general good rules relating to French Law No 89-1009 of 31 December 1989
Topic of the GGRIdentification of the GGRLink to the GGR

Guarantees offered to insured persons against certain risks

Non-codified and non-harmonised provisions of French Law No 89-1009 of 31 December 1989 strengthening the guarantees offered to insured persons against certain risks

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Decree No 90-769 of 30 August 1990 implementing Articles 4, 9 and 15 of French Law No 89-1009 of 31 December 1989 strengthening the guarantees offered to insured persons against certain risks

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Decree No. 2017-372 of 21 March 2017 on the application of Article 4 of French Law No. 89-1009 of 31 December 1989 strengthening the guarantees offered to insured persons against certain risks

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Non-exhaustive list of general good rules relating to Book V of the French Monetary and Financial Code
Topic of the GGRIdentification of the GGRLink to the GGR

Legislative and regulatory provisions adopted for their implementation relating to asset freezing measures and to the prohibition on making funds available

Non-harmonised laws and regulations thereon, in Title VI, Chapter II, Book V of the French Monetary and Financial Code (only applicable under freedom of establishment & freedom to provide services)

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Obligations relating to the identification of customers, accounts and persons for the purposes of fighting tax evasion and fraud

Non-harmonised legislation of Chapter IV, Title VI, Book V of the French Monetary and Financial Code (only applicable under freedom of establishment)

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Updated on: 04/13/2023 16:25