Unfair Terms in Insurance Contracts

Authors

  • A. Haykyants Yerevan State University
  • M. Khachatryan Yerevan State University

DOI:

https://doi.org/10.46991/BYSU:C/2017.23.2.033

Keywords:

standard terms of insurance contract, adhesion contract, unfair terms, the weak side of the contract, reasonable expectation, significant imbalance

Abstract

The main features of adhesion contracts are discussed in the article presented. Referring to insurance contracts formulated in standard terms, it is substantiated that such contracts are also adhesion contracts. It was also proposed to apply the regulation intended for adhesion contracts to insurance contracts formulated in standard terms. The authors characterize the criteria that the conditions must meet to be considered unfair. A new regulation is also proposed, which allows the insured (beneficiary) to demand the unfair term not to be applied to him/her.

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Published

2017-09-03

Issue

Vol. 8 No. 2 (23) (2017)

Section

Articles

License

Copyright (c) 2021 Bulletin of Yerevan University

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

How to Cite

Haykyants, A., & Khachatryan , M. (2017). Unfair Terms in Insurance Contracts. Bulletin of Yerevan University C: Jurisprudence, 8(2 (23), 33-43. https://doi.org/10.46991/BYSU:C/2017.23.2.033