UNFAIR CLAUSES IN INSURANCE CONTRACTS AND DRAFT SERBIAN CIVIL CODE

The author analyses the provision of the Draft Serbian Civil Code on unfair clauses in insurance. After the explanation of the term and of the importance of unfair clauses, the author presents the arguments in favour of this institute in the field of insurance. The subject provision of the Draft is analysed in the largest part of this paper. The author firstly points out the shortcomings in terminology used in the Draft, and subsequently analyses the provision. Despite her positive attitude to the attempts at creating the regulations on unfair clauses, the author highlights different arguable questions and the issue of non-compliance with the effective regulation on consumer protection. The author argues that unless the analysed deficiencies are remedied in the proposed manner, the efficient protection of the weaker contracting party will be challenged.

Key words: Unfair clauses, Insurance Contract, Consumer, Law on Consumer Protection, Draft Civil Code.