Consumer protection in the financial services insurance conclusion of distance contracts in Serbia

Abstract

The Serbian law specific rules on the conclusion of consumer contracts for the provision of financial services at a distance, by applying the provisions of Directive 2002/65 / EC, are laid down in the Consumer Protection Act. It is proposed that the protection of users of financial services is regulated by a special law and according to that the draft law on the protection of consumers of financial services at a distance has been prepared. Protection of natural persons at the conclusion of insurance contracts between absent parties is envisaged in the provisions of the Civil Code of the Republic of Serbia, the draft text. We consider the provision of positive law, the provisions of the proposed legislation which are relevant for the conclusion of insurance contracts using the means of distance communication and compare them with the solutions from comparative law in the application of Directive 2002/65/EC and the provisions of the Principles of European Insurance Contract Law. Thereby are relevant definition of financial services and users of financial services, informing obligations, legal consequences of withdrawal from the contract and the sanctions that are prescribed for failure to act legal obligations of service providers.