engleski

The Issue of the Insurance Terms in the Legislature of the Countries of the former SFRY

Insurance terms are general contract terms, which are drafted in advance for the majority of insurance contracts. In the legal systems of the countries of the former SFRY are not explicitly defined, and their meaning is drawn from the definition of general terms and conditions from the relevant Obligations Acts in Croatia, Slovenia, Serbia, Bosnia and Herzegovina, Macedonia and Montenegro (hereinafter, the national OAs). This paper starts with the definition and the analysis of the normative provisions for the insurance terms in the countries of the former SFRY. Afterward, the author addresses the grounds for the determination of the invalidity of insurance terms. The central part of the paper contains analysis of the case law regarding insurance terms. In the last part, the author concludes that since all the countries of the former SFRY have the same normative regulation and same or very similar market conditions of insurance terms, in those countries the insurance terms should be treated and interpreted in the same manner.

eneral business terms ; insurance terms ; insurance contract ; the principle of conscionability and fairness

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