Unfair clauses and insurance contract

Today the insurance contract has an increasing importance in our everyday legal transactions. It could be said that according to the frequency of concluding this agreement comes immediately after the contract of sale and contract of carriage. The idea of consumer protection has found its place in the insurance service. In line with current trends in the European Union, in addition to the analysis of certain issues concerning unfair provisions in community law, this paper is dedicated to the issues of protection against unfair contract terms in the insurance contract. Also difference in the economic strength of the contractor, may lead to the position that the stronger contracting party impose unfair clauses. Therefore, in this paper, firstly, author gives a brief overview of the legal regulation of unfair clauses in EU law. Then, in the context of the insurance contract, author analyzes unfair terms in national law. The author aims to present the sources of law in the Republic of Serbia in connection with the protection against unfair terms in consumer contracts and insurance contracts. It starts from the normative complexes with specific qualities and characteristics of this theme.