Ochrona słusznych interesów ubezpieczonych a prawa ubezpieczycieli
Rights of insurers and the protection of legitimate interests of insureds

Summary/Abstract: This paper discusses and analyses the issues connected with the provision introducing the statutory right of cancellation of a life insurance contract with benefits calculated on the basis of specific indi- ces or other basic values, which has been included in the Insurance and Re-insurance Activity Bill but ultimately has never been incorporated into the Act. A particular focus was placed on the possibility of incorporating such a provision in the Insurance and Re-insurance Activity Act and possible implica- tions of such a change. The primary question raised in this paper concerns the compliance of the pro- posed amendment with the Polish Constitution, and specifically with the principle of lex retro non agit, the principle of a democratic state ruled by law laid down in Article 2 of the Constitution, as well as the obligation to protect a citizen’s trust to the state and the law the state creates, and to respect the principle of protection of ongoing transactions.The whole discussion is set in a theoretical framework: the authors use the case-law of the Con- stitutional Tribunal and legal scholarship to review the impact of possible changes on constitutional rights of affected entities (policyholders, insureds and insurance companies).That thorough analysis led to a conclusion that the said provision is clearly unconstitutional in light of the principles enshrined in Article 2 of the Polish Constitution.

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