Master'sOpen Access

Adaptation of changing conditions in the insurance contracts

2020
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Advisor: Prof. Dr. Mahmut Yavaşi

Abstract (EN)

The parties cannot expect that the existing conditions remain the same in insurance contracts, in some cases. This is the case in some cases, such as aggravation of the risk. These subsequent amendments, which the parties could not foresee, were expressed as excessive difficulty in Law No. 6098. It is possible that these conditions are very different. These subsequent situations in insurance contracts are discussed in our topic on how to examine the law of obligations. In Article 1451, which is available in the Insurance Law, provides various opinions on this matter. It is important to determine how the parties will act in terms of insurance law in an event that occurs later. This important issue has not been fully examined in the doctrine. The availability of various discussions on this subject makes the issue even more difficult. Moreover, the fact that the insurer is a trader requires that the changing conditions be considered from various angles. Our thesis will examine what is the concept of changing conditions in the first part and how the contract release should be handled in this regard. Here, it is important to examine the concept of freedom of contract and the theories that dominate changing conditions. In the second chapter, in general, the conditions of excessive performance difficulties in private law are examined. These conditions are important in the following sections. The Third Chapter examines how to apply the concept of excessive performance difficulty in terms of insurance law. Finally, when the conditions of excessive performance occur in the last part of our thesis, the legal consequences of this have been examined. In our study, as a result, how the concept of excessive performance will be applied in insurance law is discussed. Keywords: Insurance, hardship, adaptation, adaptation of insurance contract, Aggravation of risk

Author

Dr. Tayfun Türe

How to Cite

Tayfun Türe (Master Thesis). Adaptation of changing conditions in the insurance contracts, 2020, Ankara Social Science University.

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