Obowiązek informacyjny oraz obowiązek terminowego powiadomienia ubezpieczyciela o wypadku w umowie ubezpieczenia dóbr kultury

Abstract

This study is devoted to the disclosure obligation and the duty to timely notify the insurer of an accident under insurance contracts relating to cultural objects. The examined problem is presented from theoretical and practical perspective. The analysis is based on the example of insurance contracts relating to exhibits belonging to museums and lent for temporary exhibitions, both home and abroad. The choice of that type of contract was not random because in museum practice such agreements are often concluded and they are vital for museums’ financial interests. It is also explained that an insurance contract covering lent exhibits most frequently takes the form of an insurance contract for account of another entity. The legal construction of such contracts is outlined, and it is explained how to avoid complications which the construction implies in practice. The article discusses legal aspects of risk declaration, notification of changes to the risk and the duty to timely notify the insurer of an accident. It also includes practical recommendations on optimal implementation of such duties by museums, i.e. in a manner protecting the museums’ financial interest. In summary, the author postulates to amend Art. 818 § 3 of the Civil Code, which, in its current version, uses the term, “accordingly” in reference to the reduction of benefit. The term is imprecise and gives rise to interpretative problems as well as serious complications in application of the provision of Art. 818 § 3 of the Civil Code in practice.