General conditions of insurance policy

Our study?s purpose is to determine the features of general conditions of insurance policy, problems regarding involvement of general conditions in contract, its relationship between special conditions, measurements used in administrative and judicial review and its legal results in relation to compulsory legal rules after outlining notion of general conditions of insurance policy. Our explanations regarding our study subject have been made in the light of existing legal regulations, draft laws and court decisions. In doctrine there is not any agreement on legal feature of general conditions,however, pursuant to majority opinion that we share, general conditions of insurance policy are general transactional conditions. Undersecretariat of Treasury which regulates the general conditions itself acts against the compulsory articles of Turkish Commercial Code. During judicial review,this type of regulations shall be deemed null in consequence of their contradictions to compulsory rules. Judge will automatically apply compulsory rules in lieu of general conditions to dispute before him. Lack of sufficient legal regulations related to general transactional conditions prompts judge to apply to general provisions during judicial review. However, general provisions are not enough to resolve all disputes regarding general conditions. Therefore, it is essential to make separate legal regulation as soon as possible in accordance with general transactional conditions.