Obowiązek informacyjny w umowach ubezpieczenia zawieranych na odległość z udziałem konsumentów
Duty to inform in distance insurance contracts concluded with consumers

Summary/Abstract: The subject matter of this article is entrepreneurs’ duty to inform that applies to consumer insurance contracts concluded through the means of distance communication. The main focus of the analysis is the scope of the duty to inform, the manner in which information is provided to the consumer and statutory penalties for a failure to comply with these obligations. Special attention has been given to the differences between the previous Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by Hazardous Products of 2 March 2000 and the Act on Consumer Rights of 30 May 2014, which entered into force on 25 December 2014.The new rules on the consumers’ protection rights are based on the same principles on which their ...U prototype was based. The main emphasis has been on the consumer’s right to information, which is ex- pected to contribute to the sustainability of the deficit of information and enable the consumer to make informed and responsible decisions. The obligation to inform the consumer in an appropriate manner has been imposed on the contractor – entrepreneur and has been secured by a sanction. The consumer has been granted an unlimited in time right of withdrawal in the event of a breach of duty of disclosure. Such formulation of the provision however, raises a reasonable doubt. Firstly, the exercise of the right of withdrawal by the consumer means that the contract is treated as unconcluded. This in turn calls into question the sustainability of the contract, and at the same time undermines one of the basic princi- ples of the contract law – pacta sunt servanda rule. Secondly, the legislature has provided a consumer with a right of withdrawal from the contract without incurring costs due to the entrepreneur. This provi- sion is not entirely clear and certainly will increase many interpretation problems in judicial practice.

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