Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: Ljubljana High Court, Judgement I Cp 569/2019
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba v pritožbenem postopku
    • Datum odločbe: 08/10/2019
    • Sodišče: Višje sodišče v Mariboru
    • Zadeva:
    • Tožnik:
    • Toženec:
    • Ključne besede: good faith, insurance contract, unfair terms, information obligation
  • Členi direktive
    Unfair Contract Terms Directive, Article 3
  • Uvodna opomba

    ECLI:SI:VSMB:2019:I.CP.569.2019

    The Court of  Second Instance examined the judgement of the Court of First Instance and found that its judgement  was burdened with a substantial violation of the provisions of civil procedure (point 14 of paragraph 2 of Article 339 Civil Procedure Act), as the judgement had shortcomings. The judgement has no grounds for decisive facts, namely whether the defendant notified the new policyholder or whether he was obliged to inform him that the previous policyholder had not paid the insurance premium for the current year and that the insurance cover is terminated at the time when the insurer entered a new policyholder.

    This applies and explains if an unfair business practice was present by the defendant

  • Dejstva

    It was disputed between the litigants whether: 1) the defendant had entered into a new insurance contract with the new policyholder or had merely changed the insured person under the existing policy, 2) whether it had assumed the rights and obligations of the old policyholder and what this meant, 3) whether the defendant had correctly informed the new policyholder that the insurance premium for the current year had not been paid and that the insurance cover had not been provided,  4) whether it was obliged to inform the plaintiff, as the bound beneficiary, or whether it was obliged to inform him or whether it had informed him correctly.

  • Pravna zadeva

    Is there an unfair practice concerning consumers in the present case?

  • Odločba

    The plaintiff, as the bound beneficiary, is not a party to the contractual relationship entered into by the policyholder with the defendant and, as the  Court of First Instance correctly found, the binding itself does not create an obligation for the plaintiff to pay the insurance premium.

    URL: http://www.sodnapraksa.si/?q=id:2015081111435562&database%5bSOVS%5d=SOVS&database%5bIESP%5d=IESP&database%5bVDSS%5d=VDSS&database%5bUPRS%5d=UPRS&_submit=i%C5%A1%C4%8Di&page=0&id=2015081111435562

    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek

    The appeal is upheld, the judgement of the  Court of First Instance is set aside, and the case is remanded to the  Court of First Instance for a new trial. The case will be dealt with comprehensively, based on the fact that the policyholders, who are legal entities, are not consumers, but are nevertheless weaker parties concerning the defendant, who is professionally engaged in the sale of insurance.