PRAVNA ANALIZA OPŠTIH USLOVA OSIGURANjA KAO SASTAVNOG DELA UGOVORA O OSIGURANjU U REPUBLICI SRBIJI

Abstract

This paper offers a legal analysis of the general terms and conditions of insurance as an integral part of the insurance contract within the legal system of the Republic of Serbia, starting from the normative framework laid down in the Law on Obligations. The core of the discussion concerns the legal nature, application, interpretation, and control of general terms and conditions of insurance, bearing in mind that the insurance contract, by its nature, is partly an adhesion contract. The analysis also covers the classification of insurance conditions into general, special, and supplementary terms, emphasizing their interrelationship and hierarchy. Special attention is devoted to the insurer’s duty to inform the policyholder in a timely and clear manner about the applicable terms and conditions, as well as to the consequences of non-compliance with this duty. The research further addresses disputed issues relating to general terms and conditions of insurance in order to illuminate key aspects of the topic. In what follows, considering the complexity of the subject and the limited scope of the paper, an overview is provided of the principal specificities of general terms and conditions of insurance.