Document Type : Original Research Paper

Authors

• H. Sobhi ¹
• M. Bagheri ²

¹ Department of Oil and Gas Law, School of Law and Political Science, University of Tehran, Iran

² Department of Private and Islamic Law, School of Law and Political Science, University of Tehran, Iran

Abstract

In Iran's legal system, the insurable interest is one of the basic conditions for the validity of the insurance contract, and there are no significant writings about it; For this reason, this article, which has been written with a comparative approach, has tried as much as possible to examine the legal requirements regarding the insurable interest and at the same time measure the efficiency of these requirements. Therefore, on the one hand, the criteria for determining insurable interest in personal insurance and on the other hand, the concept of insurable interest in damage insurance have been examined; Also, considering the relationship between insurable interest and public order, the guarantee of the lack of insurable interest has been discussed with regard to articles 12 and 23 of Iran's insurance law. In addition, according to the philosophy of insurable interest legislation, the effectiveness of this doctrine in reducing the risk of moral hazard has been mentioned. In the end, among the most important results of this research, we can mention the social desirability of the insured's satisfaction criterion in life insurance, the abrogation of the insurable interest in liability insurance, and the insufficient efficiency of the doctrine of insurable interest in facing the risk of moral hazard.

Keywords

• Good Faith
• Consent of insured
• Bad faith
• Moral Hazard
• Public Policy