Unfair contract terms and their control system in the Italian jurisdiction. Analysis based on the example of insurance activity Cover Image

Klauzule abuzywne i system ich kontroli w prawie włoskim. Analiza na przykładzie działalności ubezpieczeniowej
Unfair contract terms and their control system in the Italian jurisdiction. Analysis based on the example of insurance activity

Author(s): Marta Ostrowska
Subject(s): Law, Constitution, Jurisprudence, Business Economy / Management
Published by: Polska Izba Ubezpieczeń
Keywords: unfair contract terms; control systems concerning abusive clauses; italian law; the principle of the clarity of contractual provisions

Summary/Abstract: The presented article concerns problem of unfair contract terms and their control system in the Italian jurisdiction with some references to insurance agreement. Currently binding Italian provisions regulating problem of abusive clauses constitute the effect of implementation of European directives harmonising consumer law. The double regulation and the multiplicity of protective instruments create together a comprehensive protection mechanism addressed not only to the consumers but also to the entrepreneurs. From the Polish legal perspective, such solution is definitely unique and indicates new way of thinking about the protection of contractual balance. Therefore, the aim of this article is to pre- sent a slightly different concept of unfair contract terms and to inspire potential reflections in respect of relevant Polish regulations.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 57-68
  • Page Count: 12
  • Language: Polish