Regulacja reklamacji klientów rynku finansowego będących beneficjentami umowy ubezpieczenia na tle jej unormowań w polskim systemie prawnym
Regulation of complaints of financial market customers who are beneficiaries of the insurance contract against the background of its regulations in the Polish legal system

Summary/Abstract: The study analyzes the method and effects of regulating complaints submitted by the beneficiaries of the insurance contract against the background of the general problem of regulating complaints in the Polish legal system, and many de lege lata and de lege ferenda postulates regarding these is- sues were submitted. It attempts to defend the position that the systemic and functional interpretation of the provisions governing complaints on the basis of the Complaints Act and the Act on Insurance Distribution related to the insurance contract and the mechanism of filling gaps in the law allow to as- sume that it can be brought by: seeking insurance cover, the policyholder, the insured, the beneficiary and other entitled entity, as well as the heir having a legal interest in determining liability or fulfilling the benefit under the insurance contract, regardless of the type of subjectivity they possess under civil law and regardless of the literal wording of some of the aforementioned provisions. The view was justified that the legal consequences of failure to respond to a complaint within the statutory deadlines, most often referred to as „recognition of the complaint”, should apply only to complaints consisting in demanding the implementation of a claim or in exercising a shaping law based on the provisions of civil law (the so- called complaint in the narrow sense) and mean rebuttable legal presumption, i.e. shifting the burden of proof. he position was also expressed that it is in the Civil Code, in order to remove possible doubts,that the notion of a complaint should be defined in a narrow, civil sense, in order to distinguish it from other „statements” of complainants concerning the functioning or organization of service providers.

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