Consumer Protection Legal Measures Regarding Unfair Life Insurance Contract Terms

Main Article Content

Jirasuda Chaiyatoum
Charan Lengvithaya

Abstract

This academic article aims to analyze consumer protection law measures relating to unfair life insurance policy contract clauses in matters of interest under the Civil and Commercial Code, Section 863, consent principles for statements in life Insurance contracts under Section 863. Civil and Commercial Code, Section 865, including unfair contract terms arising from entering into a life insurance contract and the transfer of rights arising from a life insurance contract. Unfair Contract Terms Act B.E. 2540 are applied as an analysis framework.


The results of the analysis revealed that the consumer protection legal measures relating to unfair life insurance policy contracts, as regard to the interest in Section 863, do not cover the benefit of another person’s life insurance contract and cannot satisfy social demands. In addition, the consent principle in the statement of information in the life insurance contract under Section 865 does not contain clear details in order to be the same legal measure that will cover life insurance sale agents so that the insured can understand the duty of disclosing the truth without relying on interpretation as happened in the current provisions. It was also found that the Unfair Contract Terms Act B.E. 2540 solved the problem of unfairness of life insurance contracts. But the enforcement of the judgment can only be applied to the parties, but cannot be applied to the third parties. As for the transfer of rights arising from life insurance contracts, it was found that the law still has problems with regard to consent giving. Therefore, the 4 legal measures mentioned above should be added to cover consumers’ protection regarding life insurance policy contracts more clearly.

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How to Cite
Chaiyatoum, J., & Lengvithaya, C. (2021). Consumer Protection Legal Measures Regarding Unfair Life Insurance Contract Terms. Ph.D. In Social Sciences Journal, 11(2), 295-309. Retrieved from https://so05.tci-thaijo.org/index.php/phdssj/article/view/188948
Section
Academic Article

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