The pre-contractual obligation of the parties to provide information before concluding the non-life insurance contract


The European Commission is conducting a project, which aims at harmonising the insurance law of European Union. Based on the above, principles of European insurance contract law (PEICL ) will be developed in the framework of the Common Frame of Reference (CFR). Applying PEICL to insurance contracts is one option for the parties to the insurance contract. This option is particularly important in an open market situation, where foreign insurers can offer their services also in other member states. PEICL is expected to intensify the conclusion of cross-border insurance contracts, which results in greater freedom for the provision of services — for a little market like Estonia, the increase in the freedom of provision of services will undoubtedly entail the emergence of some new services and, what is even more important, more intensive competition in the range of offered services (intensive competition usually brings along a fall in prices).

This report explores the differences between Estonian Law of Obligations Act (LOA) and PEICL, concerning the issues of the obligation of the parties to provide pre-contractual information

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