O OGRANIČENOJ I USMERENOJ SLOBODI UGOVARANJA U UGOVORNOM PRAVU OSIGURANJA: FENOMEN „POKORAVANJA“ UGOVORA O OSIGURANJU
ABOUT RESTRICTED AND DIRECTED FREEDOM OF CONTRACTING IN INSURANCE CONTRACT LAW

Summary/Abstract: The purpose of this article is to highlight the principle of freedom of contracting in the field of insurance contract. Based on Serbian law as it currently stands as well as comparative legal analysis two features of legal regulation of insurance contract are addressed. The first one is called restricted freedom of contracting, which is in our opinion one of the principles of modern insurance contract law. The second mark of insurance contract law is directed freedom of contracting realized by the technics of semi-imperative provisions. Thanks to the semi-imperative method the legislator achieves multiple goals, and such an intervention is, in our opinion, reasonable and necessary due to the protection of the weaker party and creating stimulating regulatory frame to the contracting parties. To conclude with the author advocates the adaption of the new Law on insurance contracts in Serbia as possibly significant step forward in developing insurance law.

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