Transparency in the Insurance Contract Law of Portugal

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

In Portugal, mostly by virtue of its EU membership, there has been a dramatic increase in transparency requirements in the course of the last 20 years. In view of this, I argue that another question is begging to be asked: does it make sense to put all one’s eggs in the basket of information? In particular, should transparency as an ideal be allowed completely to replace trust in contractual relations? Information plays a central role in traditional contract formation models: contracting parties are meant to acquaint themselves with all the terms of the contracts they contemplate entering into so as to make an informed decision whether or not to make a commitment thereto. I argue that the protection of insurance customers can best be achieved if one complements the informational approach with a different approach consisting of treating financial products much like any other products, placing upon the insurer the burden to check that the products it offers to its customers are consistent with their demands and needs.
Original languageEnglish
Title of host publicationTransparency in insurance contract law, AIDA Europe Research Series on Insurance Law and Regulation
PublisherSpringer
Pages211-239
ISBN (Print)9783030311971, 9783030311988
DOIs
Publication statusPublished - 2019

Publication series

NameAIDA Europe Research Series in Insurance Law and Regulation

Keywords

  • insurance
  • Contracts
  • insurance contracts
  • Transparency
  • information duties
  • consumer protection

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