Legal Literature

  • Legal Literature Details
    • Member State: Greece
    • Title: The principle of transparency in the terms of insurance contracts – Obligations and rights of the insured person.
    • Subtitle:
    • Type: article
    • URL:
    • Author: VENIERIS, I.
    • Reference: Review of transport law (legal magazine)
    • Publication Year: 2015
    • Keywords: case law, consumer, insurance contract, insurance policy, transparency
  • Directive Articles
    Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 4, 2. Unfair Contract Terms Directive, Article 5
  • Headnote
    This article comments on the importance of the principle of transparency in the pre-formulated standard clauses (General Terms of Transactions) included in insurance policies. It also focuses on the obligations and the rights of the insured persons/consumers with regards to an insurance agreement. In particular, reference is made to the need to abide to the consumer protection provisions regarding the drafting of these clauses; they should be drafted in a plain, clear and intelligible manner in order to provide detailed information to the consumer; the consumer must be also able to fully understand their meaning. The author points out the scope and the essence of transparency in the pre-defined standard clauses (General Terms of Transactions) as a significant element for clear and fair transactions. Moreover, the article contains an analysis of the national case-law regarding the role of transparency in insurance contracts in specifically. It also elaborates on the consequences in case the principle of transparency is breached; a term becomes unfair and therefore invalid as void.
  • General Note
  • Related Cases

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