Bezskuteczność a nieważność niedozwolonych postanowień umownych w umowach ubezpieczenia
Ineffectiveness and invalidity of unfair contract terms in insurance contracts

Summary/Abstract: The purpose of this article is to determine which sanction – ineffectiveness or invalidity – on the basis of an insurance contract concluded using the general terms and conditions of insurance, in the event that unfair contract terms appear in its content that are at the same time contrary to the law or rules of social existence, better secures the interests of the insured. The insurance contract is one of the contracts which are predominantly adhesive. The mass nature of insurance contracts and the need to provide the policyholder with an adequate level of protection, they have contributed to shaping the regulations regarding the insurance contract for the most part in the form of regulations ius cogens. In view of the above, there is a high probability in relation to the insurance contract, that the terms of the standard pattern formulated by the insurer may also satisfy the conditions of art. 3851 of the Civil Code (c.c.) indicating the unlawful nature of clauses, and at the same time be in contrary to the law or rules of social existence. In such a case, the doubt appears, whether to apply the sanction of invalidity from art. 58 c.c., or ineffectiveness from art. 385 1 c.c.

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