Comparative Law Researches

Comparative Law Researches

Comparative Study of the Situation and Effects of the Condition of Non-Responsibility in Commercial Insurance in the Legal System of Iran and England

Document Type : Original Research

Authors
mohammad javad rosta sekehravany 1
mahshid alsadat tabaie 2
jafar jamali 2
mansour amini 3
1 Ph.D. Student in Private Law, Department of Law, Central Tehran Branch, Eslamic Azad University, Tehran, Iran
2 Assistant Professor, Department of Law, Electronic ::::::union::::::, Central Tehran Branch, Eslamic Azad University, Tehran, Iran
3 Assistant Professor, Department of Law, Shahid Beheshti University, Tehran, Iran
Abstract
The condition of non-liability in insurance has been less considered by researchers and existing laws. The ambiguity of the conditions of these terms and referral of the condition of these terms to the private conditions of the insurance policy, due to the extension of insurance contracts and the superior trading power of insurance companies, is criticized, often to the detriment of the insurers and beneficiaries of the insurance policy Ends. However, according to legal basis, it is possible to cancel the condition of non-responsibility for the main obligation of the insurer, but this ambiguity continues with the insurer's underwriting obligations. Also, in cases where the condition of non-liability is minor, although such a condition is subject to the principal obligation, considering that such a condition does not eliminate the overall effect of the insurance contract, it is not possible to invalidate or insert the insurance contract. But in general, the referral of the status of the condition of non-responsibility to private conditions has created opportonities for misuse. For this reason, reform of existing laws and regulations seems to be necessary from this perspective.
Keywords
non-liability
insurer
insured
Void
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