Damages for breach of pre-contractual information duties


In this work, the author examines the issue of the liability for the damage the insurer may cause to policy holders and/or the insured due to a failure in providing information prior to contract signing, as well as with regards to the state of legislation in the Republic of Serbia. The author first points to a surprising lack of judicial practice and the reasons for such state of affairs, and then continues to describe the legal framework of liability for the damage caused by a failure in informing prior to contract signing. Using concrete examples, he goes on to describe what the damage might be and when it will occur, i.e. what are the information whose lack will cause the damage for the insured. The author then touches on the subject of regulating the issue of liability for the damage due to a failure in pre-contractual information in the provisions of the future Civil Code of Serbia, presenting possibilities of regulation alternative to the ones from the preliminary draft of the Civil Code of Serbia. Finally, in his concluding remarks, the author points out to the unsustainability of the present state of affairs and the insufficient protection of the insured, and suggest that we should not just sit and wait for the Civil Code to come in force, but that we should instead, through amendments of other regulations, temporarily or permanently improve the visibility of liability for the damage caused by failures in the pre-contractual phase as an important instrument of protection of insurance users’ rights.

Grujić Nenad