Transparency in the Insurance Contract Law of Japan

Abstract

AbstractThe language on the rights and obligations contained in a written insurance contract form pertains into insurance products, which are intangible. An insurance company unilaterally establishes the Standard Insurance Policy, which regulates the contents of insurance contract. Moreover, as the insurance contract is a kind of “adhesion contract”, consumers with less bargaining power have less power and are given no opportunity to negotiate the conditions of insurance contract. They have a right to adhere to the terms or conditions or not, meaning, “take it or leave it”. Consequently, the insurance products tend to be unfair and against consumers’ interests because consumers have no choice but to make contracts although these contracts are against their interests.