Document Type : Original Research Paper

Authors

• M. Hajipour ¹
• Y. Molaei ²

¹ Department of Private Law, Shahid Madani University of Azerbaijan, Tabriz, East Azerbaijan, Iran

² Azad University, Urmia Branch, West Azarbaijan, Iran

Abstract

Purpose: The basic purpose of the research is to study the obligation to disclose the policyholder, its basis and territory in the pre-contractual stage in the two legal systems of Iran and England.
Methodology: The method used in the research is a descriptive and analytical method that was carried out in the context of a comparative study between Iranian law and English law, especially the new British insurance law approved in 2015.
Findings: In insurance as a contract with maximum good faith, mutual obligations are foreseen for the parties, especially the insured. One of the most important pre-contractual obligations of the insured is the obligation to provide information; The insured must not only refuse to make false statements, but it is also necessary to provide the insurer with the necessary and essential information so that he can make an informed decision in accepting the principle of risk and determining its conditions. Although there is no difference of opinion in the obligation of the insured to disclose information in the pre-contractual stage, but in practice, especially in Iranian law, there are differences regarding the extent of this obligation, its basis, and its effects, which has reduced the benefits of the necessity of information disclosure. Therefore, it is suggested that the legislator clearly establish a rule regarding the basis and scope of the pre-contractual disclosure obligation of the insured.
Conclusion: Providing accurate information before concluding the contract can help predict the insurance risks and determine the insurance premium accordingly. But this obligation is not unconditional, and restrictions such as objections, lack of knowledge, etc. are imposed on it, and in terms of the guarantee of legal enforcement, the violation of this obligation can lead to invalidation, termination, as well as filing a civil liability lawsuit, depending on the case.

Keywords

• Insurance
• Disclosure
• Pre-contarctual
• Origin
• Breach