Problem stosowania art. 3855 k.c. w stosunkach ubezpieczenia gospodarczego z udziałem banków
The problem of applying of art. 385(5) of the Civil Code in the bancassurance sector

Summary/Abstract: The purpose of this article is to assess how the legal status of a sole proprietor affects the possibility of using instruments of protection against unfair contract terms in a situation where insurance contract is directly or indirectly related to another contract for financial services – e.g. bank loan agreement.The author compares Article 385(5) of the Civil Code (entered into force on January 1, 2021) with the previously applicable – and unrevised – Article 805 par. 4 of the Civil Code in the context of the speci- ficity of bancassurance sector.The amendment of the Civil Code widens the scope of protection against unfair contract terms to sole proprietors. The author tries to answer the question of how – or if at all – this amendment cor- responds to the current legal system and leads to the standardization of the legal situation of clients on the financial market, which has been postulated for years.Key words: bancassurance, consumer protection in contracts for financial services, protection of en- trepreneurs against unfair contract terms, abusive contract clauses, cross-selling of financial services.

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