ABUSIVE CLAUSES IN INSURANCES DOMAIN

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.