Master'sOpen Access

The grounds determining the beginning and ending point of insurance conservation in private insurances

2011
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Advisor: Doç. Dr. Mehmet Özdamar

Abstract (EN)

The effective cause of prompting the insurance taker to sign insurance contract is to gain insurance conservation in a definite or indefinite period of time. In this way, by knowing that the insurer will meet the loss resulting from the risks about which he is worried, he gets through these worries in the time period when the insurance conservation is endowed. However, forming the insurance contract single-handedly is not enough for the insurance taker to gain the advantages he expected from that contract. Turkish Commercial Code numbered 6762 binds the beginning point of the insurance conservation to the condition of the payment of the premium or the first instalment. In this respect, the insurer who wants to gain the insurance conservation needs to pay the whole premium debt or the first instalment as a rule. However, the stated rule is not arbitrary and the exceptions are imposed by the Law Maker. The adverse of this rule might not only be determined by the parties on the condition that it is in favour of the insurance taker, but also it is seen that there are some provisions in the code ruling out that rule. However, it is not always easy to determine the beginning point of the insurance conservation because; although most of the exceptions related with the beginning point of the insurance conservation are ensured explicitly by the law, some of them emerged as a result of the operations in practice. In our study, the beginning point of the insurance conservation is examined within the scope of various possibilities and it is aimed to put forth solution suggestions intended at practice.

Author

Dr. Burak Doğan

How to Cite

Burak Doğan (Master Thesis). The grounds determining the beginning and ending point of insurance conservation in private insurances, 2011, Gazi University.

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