Content of duty of disclose in insurance intercourse: theoretical and practical aspects

Abstract

The subjects of the Doctoral Dissertation is the problem of disclosing information seen in a horizon of legal intercourse, genesis of this information, historical development and it’s implementation into practice. An obligation to disclose information seen in a horizon of legal intercourse is analyzed from the theoretical and practical points of view. This reflects upon the structure of thesis - in the first part theoretical questions linked with the obligation to disclose information, and in the other parts - peculiarities and problems of its practical implementation. In theoretical part of the work the genesis of the obligation to disclose information that links with legal intercourse of insurance, also the main theories and doctrines which interpret and predicate existing of the obligation to disclose information in the sphere of legal intercourse. An attention must be paid also to this fact that in theoretical part of the thesis the main attention is paid to analysis the research results of obligation to disclose information and being in other social sciences. The law must be seen as a tool concerning with a regulation of social relationships and that is why when performing scientific researches we must not limit ourselves only with methods of legal regulation or with the subject and regulating the positive law. The other branches of science help to disclose peculiarities of social intercourse and give an opportunity to see social relationships from the other point of view. In theoretical part of these the question is seen how the obligation to disclose information has emerged and evolved in legal intercourse, in systems of common and the continental law, and what the perspectives of obligations to disclose information in legal intercourse of insurance are in the European context of contracts of legal intercourse. As it was already mentioned in the thesis the part of research is related to practical analysis of obligation to disclose information in legal intercourse of insurance. Having this aim in thesis the obligation of each individual who participates in legal intercourse of insurance and has disclose the information is analyzed separately. The research done in this work including the Republic of Lithuania and other states, also analysis of positive law and case law of European Union embrace insofar how much they are related with obligation to disclose information in legal intercourse of the insurance.