| Abstract [eng] |
This master thesis analyzes the protection of consumer rights and legitimate interests in insurance contractual legal relations. This topic is addressed and disclosed through pre-contractual obligation of the policyholder to provide information to the insurer and pre-contractual obligation of the insurer to provide information to the policyholder. The regulation of insurance contractual legal relations does not set specific rules that would be exclusively for consumer insurance contracts. The first part of the work analyzes both the European Union and national regulation of insurance contractual legal relations, in order to identify and distinguish the main reasons that determine the will of the legislator in addition to the legal norms regulating insurance contractual legal relations, not to create special rules ensuring greater protection of the rights of policyholders who are consumers. The second part of the work examines the content of legal norms regulating the pre-contractual obligation of the policyholder to provide information to the insurer, analyzes the case law of the Lithuanian courts and decisions of the Bank of Lithuania related to the interpretation and application of these legal norms in order to determine whether the legal norms regulating insurance legal relations and general consumer protection instruments sufficiently ensure the legal protection of policyholders who are consumers. The third part discusses the content of the insurer's obligation to provide information to the policyholder, distinguishes and analyzes the substantive legal norms governing the insurer's obligation to acquaint the policyholder with the insurance rules and to ensure the clearance and comprehensibility of the terms and conditions of the insurance contract. By analyzing the practice of the Bank of Lithuania and Lithuanian courts related to the interpretation and application of these legal norms, it is determined whether the protection of the rights and legitimate interests of policyholders who are consumers are guaranteed. |
