Document Type : Original Research Paper

Authors

• A. Ansari
• J. Asgari Dehnavi

Department of Private Law, Kharazmi University, Tehran, Iran

Abstract

The principle of good faith is one of the most important governing principles in all types of insurance contracts, and due to the multiple stages of the contract, the guarantee of various executions has been established for its violation. Good faith requires the insurer to disclose basic information regarding the insurance risk during the preliminary negotiations and conclusion of the insurance contract.




Violation of this obligation by the insurer and proof of his bad intention on the part of the insurer will result in a strict enforcement guarantee; In such a way that in addition to canceling the insurance contract, the insured will be responsible for compensating the damage caused to the insurance company. The basis of this compensation is the civil liability arising from the invalid contract. But here, the legislator sometimes deviated from the traditional pillars of civil responsibility and exempted the insurer from proving it. In this article, while discussing the obligation of the insurer to observe good faith at the stage of concluding the contract, his civil liability in violation of this obligation is examined.

Keywords

• Insured
• Good Faith Principle
• Revealing Basic Information
• Tortious Liability