Κατεύθυνση Αστικό Δίκαιο και Σύγχρονες Οικονομικές Συναλλαγές
Library of the School of Law

2019-02-19

2019

Zannikou Evanthia

Αντώνιος Καραμπατζός, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Γεώργιος Μεντής, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Ανθή Πελλένη-Παπαγεωργίου, Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ

Καταχρηστικότητα, ιδίως αδιαφάνεια, των ΓΟΣ σε ασφαλιστικές συμβάσεις. Επισκόπηση και επεξεργασία της νεότερης νομολογίας.

Greek

Abusive,especially intransparent general conditions in insurance contracts. Recent case-law overview and processing.

This thesis deals with the issue of the intransparency of content of general conditions in insurance contracts through the Greek case-law and through the insured’s protection under the Greek statute 2251/1994 about consumer’s protection. At first there is an analysis of the key points of the transparency principle, as it is formulated in Directive 93/13/UEC.
Insurance companies sometimes with vague and unpredictable adjustments framewok of insurance premiums and sometimes with covert exemptions from their contractual obligations or indirect financial burdens of insured consumers disrupt the contractual equilibrium and deny the reasonable and formal expectations of insured consumers using terms that are not subject to individual negotiation. The disturbance of contractual equilibrium is often so important that it reaches a point where it causes involvement in the purpose and function of the insurance coverage and it is against its very nature. The crucial point is that the lack of clarity concerning the legal consequences of the clauses in question ultimately deprives the insured person of the right to assess and anticipate, on the basis of clear criteria, the financial consequences of each term for him and thus frustrates his financial planning. Particular emphasis is placed on the right of an up-to-date contractual commitment of the insured, the basis of which is the transparency of the general pre-defined insurance conditions.
Finally, a brief reference is also made to the new supervisory framework for insurance companies, which is doubtful if it will, among other things, enhance transparency levels, thereby also making the principle of transparency in practice a non-negotiable term. What is certain is that the lack of a specialized “arsenal of knowledge” on the part of the consumer can in no way justify the weakening of his protection.

Law and Legislation

Civil Law

abusiveness - principle of transparency - general conditions - intransparent general conditions - insurance contracts

No

0

No

37

79

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https://pergamos.lib.uoa.gr/uoa/dl/object/2852269