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Przerwanie biegu przedawnienia roszczenia w stosunku do ubezpieczyciela

100%

Krężel S.

Opolskie Studia Administracyjno-Prawne

2014

vol. XII

issue 3

85-100

Taking out insurance is now a very popular form of protecting property interest. In the Polish system of civil law, the legislator secured a special regulation relating to interrupting the time of limitation for claims against the insurer. The regulation of article 819 § 4 of the Civil Code is a manifestation of an extended protection which the legislator secures to the party which – in principle – has a considerably limited possibility of influencing the content of insurance agreement. Interruption of the period of limitation for claims can be executed through filling the claim or reporting an incident which is covered by the insurance to the insurer. This regulation distinguishes between the material action, that is filing the claim to the insuring company and the factual action, that is reporting the incident covered by the insurance. It is the deformalized performance of these actions, as well as restarting the period of limitation for claims only after the insurer’s expressing the opinion on the claim or reporting the incident that will introduce a balance between the parties. This is significant to the insurance relationship. With the relatively low legal awareness of society, each instrument that brings in higher than general standards of protection to persons entitled to benefits must be regarded as appropriate and stabilizing the legal situation of the insurance relation.

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1 Opolskie Studia Administracyjno-Prawne

1 Krężel S.

1 2014

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Przerwanie biegu przedawnienia roszczenia w stosunku do ubezpieczyciela