Abstract
In the last few years, it has been possible to record a number of disputes concerning claims under life insurance contracts resolved in proceedings before a financial arbitrator or a court. In most cases, these are actions (motions) for performance, in which the financial arbitrator or the court has to deal with, among other things, the preliminary question of the validity of the contracts under examination.
Although the frequency of such disputes is relatively high, the general courts do not yet agree in their case law whether these insurance contracts are valid or not. This is partly due to the fact that the facts of each case (contracting process, content and other arrangements) are different and the claims of the parties as well.
The purpose of the article is to point out other circumstances that should be taken into account in such an assessment. It is in the careful and judicious (ie not mechanical) application of the correctors of the free will of the contractors that I see a balanced approach in the search for a fair arrangement of the rights and obligations of the subjects of the obligations.