Legal - Juridical Nature of the Insurer and the Insured Commitments, and their Incompatibility with General Conditions of Law in Comprehensive Car Insurance

Abstract

This paper aims to study legal - juridical foundation of comprehensive car insurances, approved by High Council of Insurance in 1937, and their incompatibility with general conditions. According to investigations, it was found that there is a contradiction between article 8 of the general conditions in regulations of comprehensive car insurance and article 19 of the Insurance Act. Since a regulation does not violate the law, it is necessary to revise the regulation. In addition, regarding the juridical rights and laws reveals that insurance contracts are consensual contracts, and once the agreement is signed between the parties, it is valid and both parties (insured and insurer) bound to respect conditions of the contract. Therefore, refusing to pay fees at a specific maturity by insured and refusing to pay compensations by the insurer damage the legal nature of comprehensive car insurances. Failure to pay compensations in such cases is contrary to the juridical principles, but the requirements of the contract are in accordance to the requirements of Civil Law.