Is the insured in an insurance contract on someone else’s behalf a ‘consumer’ in the light of the Polish Civil Code? Cover Image

Czy ubezpieczonemu przysługuje status konsumenta w świetle przepisów kodeksu cywilnego?
Is the insured in an insurance contract on someone else’s behalf a ‘consumer’ in the light of the Polish Civil Code?

Author(s): Jan Ulański
Subject(s): Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Law on Economics
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: consumer; insurance contract; insurance contract on someone’s behalf; policyholder; insured

Summary/Abstract: In an insurance contract on someone else’s behalf, along with the insurer and the policyholder, an insured appears who is not a party to the insurance contract, but it is his insurable interest that is subject to protection. At the same time, the insured (who is often a natural person) is a weaker subject of the insurance contract and should be protected in the same way as a consumer in a typical insurance contract. However, due to the fact that the insured is not a party to the insurance contract, there are doubts whether, in the light of the definition adopted in the Polish Civil Code, he has the status of a ‘consumer’. This article attempts to answer this question, mainly in the light of existing jurisprudence

  • Issue Year: 7/2018
  • Issue No: 6
  • Page Range: 67-76
  • Page Count: 10
  • Language: Polish
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