General and special rules on insurance buyer protection in the serbian and comparative laws


Determination of the term “insurance buyer” is as equally important in the field of insurer dealings, as to determine “consumer status” for application of the legal rules on protection of their interest. Although concerns and difficulties arise in efforts to establish if a person in the commercial matters should be recognized privileged position against the stronger contract party, the same is even more apparent in insurance activity with larger number of persons who may not have the same legal position. Without consideration of such feature in insurance relation, we believe that Serbian regulatory rules by inconsistent use of different terms, may create confusion as to the persons who should enjoy protection in insurance relation, both those who are a contract party with the insurer and other persons outside the insurance contract, who have the right to require insurer performance.
High degree of development without lagging back from the comparative law solutions characterizes the general contract law, while there are a few semi-obligatory provisions protecting the insured as the weaker party against the insurer, which we did not come across in the comparative law.
As for the exemption of the protection for large risks, contrary to prevailing solution in the member state laws, Serbian regulatory law of insurance companies, policyholder and insurance buyer protection maintains the same protection level for all types of risks, without full application of the criteria for determination of the large and the massive risks from the Second Non-Life Directive.

Uzelac Ozren