Khoroushi, A.; Rahimi, H.; Ghasemi Hamed, A.; Maleki, J.

doi:10.22056/ijir.2019.02.05

Document Type : Original Research Paper

Authors

¹ Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Unit, University of Tehran, Iran

² Department of Private Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran

³ Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

⁴ Department of Private Law, Faculty of Law, Tehran Branch, Center of Islamic Azad University, Tehran, Iran

https://doi.org/10.22056/ijir.2019.02.05

Abstract

Purpose: This article seeks to review the policyholder's commitment to "disclosure", which is his most fundamental commitment, and this commitment is stipulated in Iran's insurance law and the commercial insurance bill, and finally make suggestions for improvement. The insurance law and attention to this issue in the "Commercial Insurance Bill" should be emphasized.
Method: The method used in this research is the descriptive-analytical method using library tools.
Findings: Today, the obligation to disclose on the part of the insured has lost its basic foundations and needs to be "amended" or repealed. In order to adjust this obligation, "commitment to fair presentation" can be proposed. "The second method" can also be provided to fulfill the obligation to disclose, and it consists of providing sufficient information from the policyholder to the insurer to draw his attention to important issues, so that if the insurer deems it necessary, he will seek more information. And the insurer is not able to easily resort to the non-disclosure defense against the insured.

Conclusion: In Iranian insurance law, the policyholder's obligation to disclose, which is stipulated in the insurance law of 1316, is similar to the obligation to disclose in the English law of 1906. Today, this commitment no longer has the justification it had at the time of the adoption of those laws. Therefore, it is necessary to anticipate and pay attention to this issue in the "Commercial Insurance Bill" which has been submitted to the Islamic Council of Iran to replace Iran's insurance law, and replace it with a more appropriate commitment such as the commitment to fair introduction.

Keywords

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Iranian Journal of Insurance Research

"Fair presentation" instead of "obligation to disclose" in commercial insurance

Letters to Editor

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Volume 8, Issue 2 - Serial Number 28
April 2019
Pages 130-141

"Fair presentation" instead of "obligation to disclose" in commercial insurance

Letters to Editor

Send comment about this article

Volume 8, Issue 2 - Serial Number 28April 2019Pages 130-141

Volume 8, Issue 2 - Serial Number 28
April 2019
Pages 130-141