FORM OF INSURANCE CONTRACT

In Serbian positive law, an insurance contract is a formal legal transaction: for it to be valid, it must be concluded in the form prescribed by law. There are a few exceptions to this rule. This paper first addresses general issues related to the contract form, including the concept of form, the nature of formal contracts, the various manife- stations of form, the concept of mandatory or constitutive form, and what are the legal consequences of non-compliance with it, what is the principle of form parallelism, and what is the purpose of form in modern society. The second part of the paper focuses on the legal form of the insurance contract under the law of the Republic of Serbia. It first examines the fundamental case of the legally prescribed constitutive form of the insurance contract, followed by an examination of a specific legal provision that allows the contracting parties to agree upon a real form for the contract.

Keywords: insurance contract, constitutive form, written form, real form.