Comparison of Compulsory Liability Insurance of Tax Advisors in Poland to the Czech Counterpart

Abstract

Abstract This paper aims to assess the adequacy of obligatory tax advisors’ insurance to meet their needs in Poland and Czechia using the comparative-legal method. It is crucial, due to the need to protect the weaker party in a transaction and provide certainty in trading. The comparison is made between legislation concerning compulsory liability insurance for tax advisors and the general contracts negotiated by professional self-governing bodies. The Polish product is characterised by mandatory coverage and private initiative. Like other compulsory insurance, this product is more accessory than voluntary insurance because the insurer also provides protection in case of damage caused by gross negligence. In that insurance, there are no limitations of a financial nature (deductible, integral, and deductible franchise) on the liability of insurance companies. Consequently, the insurance company’s liability is even more similar to the insured’s. The reduction of accessoriality occurs only in regulated exclusions. The Czech legislator has only imposed the obligation to have this insurance without handling its details. The General Insurance Conditions regulate the remaining matter. The analysis indicated that the Polish regulations provide more complete protection. However, they require some modernisation—an increase in the sum assured (10,000 EUR is too low) or how it is calculated. Reasults show faults in existing Polish regulations and indicate ways to improve them.