However, provided that the depositary is expressly allowed to discharge itself of liability subject to a contractual transfer of such liability to that third party, pursuant to a written contract between the depositary and the AIF or the AIFM acting on behalf of the AIF, in which such a discharge is objectively justified, and that the third party can be held liable for the loss based on a contract between the depositary and the third party, the depositary should be able to discharge itself of liability if it can prove that it has exercised due skill, care and diligence and that the specific requirements for delegation are met.

Further, where the law of a third country requires that certain financial instruments be held in custody by a local entity and there are no local entities that satisfy all depositary delegation requirements, the depositary should be able to discharge itself of liability provided that: the rules or instruments of incorporation of the AIF concerned expressly allow for such a discharge; the investors have been duly informed of that discharge and the circumstances justifying the discharge prior to their investment; the AIF or the AIFM on behalf of the AIF instructed the depositary to delegate the custody of such financial instruments to a local entity; there is a written contract between t ...[+++]he depositary and the AIF or the AIFM acting on behalf of the AIF, which expressly allows such a discharge; and there is a written contract between the depositary and the third party which expressly transfers the liability of the depositary to that third party and makes it possible for the AIF, or the AIFM acting on behalf of the AIF, to make a claim against the third party in respect of the loss of financial instruments or for the depositary to make such a claim on their behalf.

2. Recognition and enforcement of a judgment in respect of liability under the terms of a contract of insurance or reinsurance may not be limited or refused on the ground that the liability under that contract includes liability to indemnify the insured or reinsured in respect of:

In fact, our committee considers that the clarification of the tasks entrusted to the Office, the delimitation of responsibilities between the Office and the Commission, the clear identification of the political responsibility of the Management Committee and of the administrative responsibility of the Director of the Office, as well as the clarification of the role of the Commission as appointing authority for officials and authority empowered to conclude contracts for other servants will contribute to a much more clear ‘allocation of ...[+++] administrative and political responsibilities’ as requested by the European Parliament in its resolution mentioned above.

N. whereas in parallel to this Communitisation of criminal law through jurisprudence, the Commission, without any mandate or any basis under the Treaties, had already begun work on a draft 'European Civil Code', which is being prepared by something called the 'Von Bar' group and is funded to the tune of EUR 4 400 000 under the Cordis programme; whereas, wherever it would doubtless make sense to establish an indicative reference framework to facilitate the comparison of national laws (along the lines of the 'restatements' used in the USA), preparations are instead being made under this unification project to do away with bodies of national civil law in areas as diverse as contracts ...[+++], liability, the family, legal guarantees, etc.,

Most of these additional rules consist of sector-specific pre-contractual and contractual information obligations.[109] In addition, a significant number of prohibitions predominantly concern direct selling and promotional practices,[110] practices that take advantage of particular vulnerabilities,[111] or the prevention of conflicts of interest.[112] For example, in Austria doorstep selling for mortgage loans is prohibited while in Italy it is forbidden to tie compulsory car insurance liability contracts to other insurance services.