Private health insurance contract

The purpose of this study is to examine the private health insurance contract, which constitutes one of the important insurance types of Turkish Private Insurance Law and put forward the principles of this contract. With private health insurance, it is possible for individuals to receive higher quality services then the general health insurance system, and the financial burden on the state is alleviated by sharing the financing of health expenditures with private insurance companies. Private health insurance contract, which was regulated for the first time in the Turkish Commercial Code No. 6102, was regulated under the title of Life Insurances of the Second Chapter in the Second Part of the Insurance Lawbook between articles 1511 and 1519 under the same title as sickness insurance. This contract is a passive loss insurance rather than a life insurance type. In this respect, it should be accepted that the provisions of the TCC on loss insurance will also be applied to the private health insurance contract by analogy. In this context, although the necessity of making legal regulations in terms of private health insurance contract has been eliminated to some extent, the provisions regulated remain general in many aspects and do not shed light on the application. This deficiency was remedied partially with the Regulation on Information in Insurance Contracts and the Regulation on Private Health Insurances, which are secondary legislation in terms of implementation of the contract, but this time, it has been determined that many issues that should be regulated in the TCC have been stipulated by the regulation, contrary to the law-making technique, and that some provisions have the quality of interfering with the freedom of contract. In this context, in our study, it is aimed to reveal the contradictions and deficiencies in the legislation in terms of private health insurance contract and to include determinations that will help to resolve conflicts in line with the views in the doctrine and the decisions of the Supreme Court.