engleski

Pre-contractual information duty and unfair contract terms : open questions and dilemmas

This paper analyses the relationship between pre-contractual information rules and the unfair contract terms in the European context. The main points of discussion are the open questions and dilemmas of the application personae materiae and the application of rationae materiae of the Directive 93/13/EC on the unfair contract terms in consumer contracts to a pre-contractual information duty in insurance contracts. Principles of European Insurance Contract Law, Croatian, German and EU law is examined as well. The paper proposes development of modern regulation for the better protection of consumer policyholders.

information duty, unfair contract terms, consumer protection, disclosure, contract formation, EU law, England, Germany, Croatia

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