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http://hdl.handle.net/2078.1/141959

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The conclusion of the insurance contract by electronic means

Abstract

Because of the fact that information and communication technologies are increasingly used in the field of insurance (to present the products and/or conclude the contract), this contribution examines the rules applicable to the conclusion of the insurance contract by electronic means. As a first step, the author gives an overview of the legal or regulatory provisions specifically adopted to regulate the conclusion of contracts by electronic means, and which apply to insurance contracts and insurance mediation activities. A distinction is made between rules specific to insurance law and those with a broader scope (such as provisions on distance contracts). The contribution analyses the objectives pursued by these provisions (mainly, protecting the weaker party to the contract and removing formal barriers) and their respective scope. Secondly, the protection mechanisms put in place by the legislator and justified by the method of concluding the contract (at a distance and by electronic means) are presented. A distinction is made between the requirements laid down at any stage of the contractual process, at the pre-contractual stage and at the time of conclusion of the contract (and in the period immediately following that moment). This includes consideration of the provider’s reporting obligations (and related forms), the right to terminate, the prohibition of early options and additional payments, or the technical means to identify and correct errors. Finally, the contribution identifies the penalties that may be imposed in the event of non-compliance with the above requirements (penalties in the event of unfair commercial practice, penalties based on the general contract theory, penalties enabling the contract to be terminated on more favourable terms, conversion measure postponing the starting point of the termination period, etc.). In addition to a de lege lata analysis, proposals for de lege ferenda have been put forward.

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