TRANSPARENTNOST KOD UGOVORA O OSIGURANJU: OBAVEZA INFORMIRANJA I SAVJETOVANJA OSIGURANIKA
TRANSPARENCY IN INSURANCE CONTRACT: INFORMATION AND ADVISING DUTY TOWARDS THE POLICYHOLDER

Summary/Abstract: Development of consumers law regulation, along with expansion of consumerism from ninety-fifties years of past century, had its influence on national legislatives of the countries that gradually introduced the instruments of consumer protection in insurance contract law. Typical exemples of instruments that provide policyholders protection are: right to break off, right on timely providing of documents necessary for entering into agreement, and right on information and advice from the insurer, intermediary or broker. The transparency principle is being achieved by implementation of policyholders right on information and advice both in pre-contractual phasis and during period of insurance contract. Different legal regimes accept different approach to regulation, and therefore we have transparency in narrower sense where right on information and advice is prescribed by law only for consumers policyholders, and broader sense of transparency if there is right on information and advice for all kinds of policyholders. In this article, the main characteristics of transparency principle in insurance contract will be defined, later, there will be analysis of regulation on policyholders informing and advising in European Union Law. Special attention will be paid to German law which introduced significant changes of former regulation, all with purpose of protection of policyholder as weaker party in contractual relation. Afterwards, there will be an overview of domestic regulations in this field, achievement in harmonization with Acquis Communautaire, comparison with regulation in region, and certain proposals for change of legislation de lege ferenda.

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