Master'sOpen Access

The insurant's obligation to give information in insurance contract

2022
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Advisor: Doç. Dr. Tayfun Ercan ; Dr. Öğr. Üyesi Banu Koç

Abstract (EN)

In this study, the issues related to the notification duty of the insurant, which is considered one of the most important issues of insurance contracts in the Insurance Law book of Turkish Commercial Code, are discussed. In insurance contracts that impose a constant execution debt, when the notification duty, which is one of the most important principal execution obligations of the insurant, who is a counterparty of the contract, is not acceded, there may be loss of rights or even definite deprivation of rights. The notification duty to the insurant is loaded in three cases: at the stage of the establishment of the contract, while the contract is in progress, and in the event that the insurance contract ends with the realization of the risk. The legislator has brought separate regulations for each period in the law, and even for different situations in each period, and in our study, the issues are handled according to the order of the laws. The notification duty from the establishment of the contract to its expiration has been explained, and it is explained what will be the consequences in case of its aggression. Today, the currency of insurance contracts makes it compulsory for each individual to be informed about the notification duty, which is a vital issue for the outcome of the insurance contract, in the face of the compulsory execution of certain insurance contracts. For a better understanding of the issue, the general headings related to the insurance contract are included in our study, and the subjects are exemplified by judicial decisions.

Author

Hasan Şahin

How to Cite

Hasan Şahin (Master Thesis). The insurant's obligation to give information in insurance contract, 2022, Gaziantep University.

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