Case law

  • Case Details
    • National ID: IV ZR 138/99
    • Member State: Germany
    • Common Name:link
    • Decision type: Other
    • Decision date: 09/05/2001
    • Court: BGH (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 1, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 4, 1. Unfair Contract Terms Directive, Article 5
  • Headnote
    1. Standard terms of insurance (STIs), which merely reproduce statutory provisions and correspond with them in them in every repsect (so-called declaratory clauses), are not subject to judicial review of their content. Such clauses can however be reviewed in terms of their transparency, when the relevant statutory provisions only provide for a statutory framework, which is to be substantiated by the insurer..
    2. According to the principle of transparency, the user of STIs is bound by the principle of good faith, to state the rights and obligations of his contractual partner as clearly as possible. It does not thereby depend on whether the clause, in its formulation, is comprehensible for the average policy holder. Moreover, good faith also requires that the clause makes the economic disadvantages and burdens as recognisable as possible in the circumstances.
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