ABUSIVE CLAUSES IN INSURANCES DOMAIN

Oana Elena Gălăţeanu

Abstract


The occurrence and development of some specialised domains in selling off products
and in providing services have generated also new forms of contracts, like adhesion contracts
and typical contracts. Through their specificity, they lead to the occurrence of an imbalance
between the services provided by the contracting parties, not in favour of the consumer or of
the client, allowing the occurrence of abusive contractual clauses. Such clauses can occur
also in the contracts concluded in the insurances domain, contracts that have their character
of adhesion as a specificity element, the professional insurer being the one who establishes
the clauses, and the insured client adheres or not to them, not being able to negotiate.
In this paper there are presented some clauses from the contracts concluded in
insurances area that can be considered abusive.


Keywords


abusive clauses, clients, insured, insurers

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Editor-in-Chief

 

Associate Editor-in-Chief

  1. PhD. Professor Cornelia Lefter, Academy of Economic Studies, Bucharest, Romania
  2. PhD. Professor Adriana Manolescu, Agora University of Oradea, Romania
 

Scientific Editor

 

Executive editors

  1. PhD. Professor Salvo Ando, University “Kore” Enna, Italy
  2. PhD. Associate Professor Alina Angela Manolescu, Agora University of Oradea, Romania

Associate editors

  1. PhD. Professor Alfio D'Urso, University „MAGNA GRECIA” University of Catanzaro, Italy
  2. Agnieszka Wedeł-Domaradzka, University of Economy in Bydgoszcz, Poland
  3. PhD. Alexandru Cordos, Christian University ”Dimitrie Cantemir”, Romania
  4. PhD.in Law, Assistant Professor José Noronha Rodrigues, Açores University, Portugal
  5. PhD. Professor Luigi Melica, University of Lecce, Italy
  6. PhD. Professor Jozsef SZABADFALVI, University of Debrecen, Hungaria
  7. PhD. Professor Farkas Akos, University of Miskolc,  Hungary
  8. PhD. Szabó Szabó BÉLA, University of Debrecen, Hungary
  9. PhD. Professor Brânduşa Stefanescu, University of Economics, Bucharest, Romania
  10. PhD. Professor Ovidiu Predescu, ″Law Journal″ (assistant chief editor), "Criminal Law Journal″ (assistant chief), Bucharest, Romania
  11. PhD. Professor Ioan-Nuţu Mircea, associated professor ”Babeş-Bolyai“ University of Cluj-Napoca, Romania
  12. PhD. Professor Alexandru Boroi, Police Academy ”Alexandru Ioan Cuza“, Bucharest, Romania
  13. PhD. Professor Luminita Gabriela Popescu, National School of Political Studies and Public Administration, Bucharest, Romania

 

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