Analysis of the provisions in Insurance Law that bey freedom of contract

The freedom of contract is regulated in the 48th article of the Constitution and the 26th article of the Turkish Code of Obligations (TCO). In accordance with the article 1451 of the Turkish Commercial Code (TCC), it has been stated that the TCC is valid in the field of insurance law in cases where there are no provisions in the TCC. The principle of freedom of contract is the basic rules that are valid in terms of contracts. Article 26 of the TCO is also valid for insurance contracts. Thus, it is understood that the principle of freedom of contract is valid in the contracts made in the field of insurance law. Although the principle of freedom of contract is also valid in insurance contracts, it is restricted by some regulations in the insurance law legislation. In accordance with article 1451 of the TCC, article 27 of the TCO is one of the general provisions restricting the freedom of contract in terms of insurance contracts. Article 1404 of the TCC is a general regulation restricting the freedom of contract in the insurance book, which is the sixth book of the TCC. Apart from these general limits, there are regulations limiting the freedom of contract in the insurance book of the TCC and the Insurance Law. This situation causes some problems in terms of making insurance contracts. The aim of this study is to examine the existence and limits of contract freedom in insurance law. Insurance law, development, current situation and legislation will be mentioned. With this study, the current situation in terms of determining the factors limiting the freedom of contract in the regulations in insurance law, determining the responsibilities of the contracting parties and the validity of the established contract was tried to be addressed. For this reason, after discussing the concepts mentioned within the scope of the study, the Turkish Commercial Code No. 6102 and the Insurance Law No. 5684 were examined in terms of their effect on the freedom of contract; The provisions in the regulations that affect the freedom of contract have been evaluated. The situation of the freedom of contract in applied law has been evaluated in the light of the decisions of the Supreme Court. As a result of the study, the status of freedom of contract in insurance law has been revealed and solutions have been tried to present to existing problems.