Klauzula rozsądku w anglosaskim prawie ubezpieczeniowym oraz Restatement of European Insurance Contracts
Clause of reasonableness in the Anglo-Saxon insurance law and Restatement of European Insurance Contracts

Summary/Abstract: This article aims to present the clause of reasonableness understood as a criterion for asses- sment of performance of the contract obligation and for assessment of the degree of care as regards the contract. In the Anglo-Saxon insurance law, the clause of reasonableness has been raised to the level of a principle. Currently, it has been reflected in Principles of European Contract Law and Restatement of European Insurance Contracts. In order to pre- sent exhaustively the concept and function of the clause of reasonableness in the Anglo- Saxon insurance law, the good faith principle and uberrimae fidei principle have also been briefly discussed. In the article, the clause of reasonableness has been presented in the context of maritime insurance. The article ends with author's conclusion according to which the clause of reasonableness, as a criterion which makes the blame more objective and con- crete, has much smaller significance in the case of consumer contracts, but as regards non- -consumer contracts it is fully up to date and in accordance with the principles of Restatment of European Insurance Law, and in the future it will constitute the basis of the European regulation of the insurance contract.

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