Declaration obligation of the insurant during the conclusion of the contract

In order to achieve a balance between the parties obligations under insurance contracts, the duty of disclosure required by the general duty to act in goodfaith must be complied with. The duty of disclosure in the pre-contractual stageis a reflection of the duty of goodfaith. It is essential that the policyholder behaves in an acceptable and bona fide manner during negotiations leading to the signing of a contract, otherwise the policyholder will forfeit the contractual rights due to a breach of the duty of disclosure. In this study, the policyholder sduty of pre-contractual disclosure, the purpose there of, the facts needed to be disclosed there under, the method of disclosure and the consequences of a breachare examined. The approaches adopted by the Supreme Court of Appeals concerning the policyholder sduty of disclosure are critised, along with the way the issues are governed by the Turkish Commercial Code. Furthermore, the regulations relevant to the duty under German Law are discussed in this study.