Artykuł 811 kc w aspekcie sporu przedumownego
Article 811 of civil code in the aspect of pre-contractual dispute

Summary/Abstract: The problem of a pre-contractual dispute as an institution of the law pertains, above all, to the material law. In view of social and economic importance of business insurance, there is a significant relation between the function of a pre-contractual dispute and business insurance law. What really matters is to establish the conditions of the insurance agreement, in case there is a dispute between the parties about its particular provisions. This problem is not a new one as had already appeared in the case of art. 811 of civil code in its wording of the law dated 23.04.1964.The amendments introduced by virtue of the law dated 13.04.2007 have also affected the scope of art. 811 of civil code which constitutes the only basis of a pre-contractual dispute in the range of business insurance law. In the light of this amendment the wording of art. 811 and 812 of civil code should be presently associated with each other. The first one refers to the agreements concluded on the basis of an offer, while the other one refers to the agree- ment concluded on the basis of general insurance conditions (without negotiations).It is worthwhile to highlight that the significance of pre-contractual dispute instrument, as a proper tool for arranging the conditions of the future insurance agreement, is especially enhanced under market-oriented economy where the agreement is a source of any eco- nomic relations.The advantage of pre-contractual dispute lies in the fact of its being antinomian towards the agreement itself.

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