Keywords
unfair terms
ambiguous clauses
unexpected clauses
principle of commercial good faith
How to Cite
Abstract
The insurance contract is a proper means to apply what has often been
referred to as “general conditions”. This is primarily due to the contract’s
technical content and the parties participating in the contract itself.
Within the insurance industry, general conditions introduce dynamism into the process of consent formation between the insured and the insurer. However, general conditions of the insurance contract may also represent a mechanism to create imbalance, as the insurance companies can include in its policy provisions items such as unfair terms, and ambiguous and unexpected clauses. Therefore, in order to protect the insured (i.e. legally speaking, the “weaker” of the two parties), both the law and the judges should apply the principle of commercial good faith and equity in order to rebalance the internal unevenness present in the insurance contract.
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