Aggravation of risk in insurance law

Aggravation of Risk in Insurance Law In an insurance contract that impose liability on both parties and forms a continuous debt relationship, principal performance obligation of the insurance taker, who is one of the parties to the insurance contract, is pay the premium debt. However, the principal performance obligation of the insurer, who is another party of the insurance contract, is to bear the risks determined in the scope of the insurance contract and to pay the insurance taker under the insurance contract when the risk occurs. The amount of premium in the insurance contract is determined according to the risk and during the insurance contract, 'the principle of harmony between premium and risk' must be protected. Therefore, the legislator, who wishes to prevent the deterioration of the balance of advantage between the parties in the insurance contract, obliges the insurance taker not to aggravate the risk in the Turkish Commercial Code no. 6102. If there are transactions that increase the likelihood of risk occurring or aggravate the current situation, the insurance taker is obliged to make a statement. Thus, with the declaration of the insurance taker, it is aimed to prevent premium and risk imbalances in the contract process by granting the insurance company the right to demand or terminate the premium difference. In this study, insurance contract, risk and risk aggravation will be explained first. Secondly, the insurance taker obligation to make a statement against the insurer in case the risk becomes more severe, legal nature of the obligation to declare, effects on insurance contract, those responsible for fulfilling these obligations and their interlocutors will be examined in detail. Finally, the consequences of the i insurance taker breach of her obligation to make a declaration shall be explained in a binary distinction according to the manner in which Article 1445 of the Turkish Commercial Code is issued, whether the breach of the obligation of declaration occurs before and after. Keywords: Aggravation of Risk, Insurance Law, Insurant, Insurer, Risk.