Unfair terms in insurance contracts under Spanish law Cover Image

Problematyka postanowień niedozwolonych w umowach ubezpieczenia w prawie hiszpańskim
Unfair terms in insurance contracts under Spanish law

Author(s): Michał P. Ziemiak
Subject(s): Law, Constitution, Jurisprudence, Business Economy / Management
Published by: Polska Izba Ubezpieczeń
Keywords: abusive clauses; unfair contractual terms; insurance contract; Spanish law

Summary/Abstract: The purpose of the paper is to present Spanish law that regulates unfair contractual terms, especially in scope of insurance contract. At first Spanish 1980 act on insurance contract is highlighted, and its article 3 in particular. That provision includes an overall ban on using contractual terms that are disadvantageous to insured. Next most significant Spanish acts on consumer protection are analyzed. Attention was focused mainly on – thoroughly amended in 2007 – general act no. 26/1984 on consumers and users protection (Ley General para la Defensa de los Consumidores y Usuarios). The article also includes chosen Spanish jurisprudence.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 47-56
  • Page Count: 10
  • Language: Polish