czy świadczenie wykupu w umowach z UFk jest świadczeniem głównym?
Is the surrender benefit in unit-linked contracts the main benefit?

Summary/Abstract: The unit-linked insurance contract results in a number of serious consequences. Their main reason is the perception of the unit-linked contract only from the point of view of the insurance contract or in the opposition to the insurance contract. The unit-linked contract, however, does not lend itself to such simplifications. What is the phenomenon of this contract is its complex and multi-functional nature. The insurance and investment function of the unit-linked contract are mutually correlated and inseparable. The unit-linked contract is a nominate mutual contract of a mixed nature, which may combine objectives typical of insurance contracts and contracts on investment of an agreed cash amount. The concentra- tion of features of the insurance contract or contract on investment of an agreed cash amount differs depending on the will of the parties to the unit-linked contract. An attempt at abstract determination of whether the contract is more insurance or investment in its nature is doomed to failure. What sparked off disputes in connection with these contracts was the structure of the surrender benefit (also, unfor- tunately called by insurers themselves “the liquidation fee”), which is settled with the insured person in the case of premature termination of the unit-linked contract. One of the interesting problems faced by the practitioners but omitted in the doctrine, is whether the surrender benefit should be qualified as the main benefit under the unit-linked contract.

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