The Singularity of Adhesion in Insurance Law

Abstract

The significant increase in economic development and the implementation of new mass services, has led to the creation of new contract models that simplify contractual relations. Therefore, contracts of adhesion have increased their popularity in areas of mass services, such as transportation, telecommunications, financial and insurance sector, among others. Adhesion contracts are characterized by limiting contractual freedom, since the parties involved are not on an equal level to negotiate the contract"™s clauses. The service provider, being in an advantageous position compared to the consumer, can determine the conditions under which the contract will be concluded; a situation which has led to the existence of protection mechanisms in order to avoid the inclusion of unfair terms. However, the present investigation seeks to verify that there is a conception of what adhesion means in Insurance Law, also finding characteristics of a free discussion agreement that allows the parties to safeguard their interests.