INTERPRETATION OF THE INSURANCE CONTRACT
INTERPRETATION OF THE INSURANCE CONTRACT

Summary/Abstract: Learning the unsaid from the wording of the lawmaker, as Haidegger used to say, is a very useful operation when interpreting a random insurance contract, given its particularities, which share both the classical norms regarding contracts and the specifics of particular provisions regarding exclusively the insurance rapport and which shall be based in principle on the specific and general rules of interpretation, as regulated by the Civil Code in art. 977-art. 985.The lawmaker has manifested an increased interest in finding the real will of the parties, requiring that the editing of the policy should be made in clear, concise, unequivocal terms, even contractually defined, and together with this legislative requirement, the insurer, a professional editor of the legal text, is positively stimulated to edit clear contracts, under the sanction of an interpretative audit by a court of law in favour of the insured, so that in the recent years, the editors of insurance policies have been more careful in their effort to efficiently edit such policies, to the benefit of all parties and even to the benefit of third parties interested.

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