ANALYSIS OF CLAIMS-MADE CLAUSE IN LIABILITY INSURANCE A COMPARATIVE STUDY IN FRENCH AND IRANIAN LAW

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IZANLOO MOHSEN; ESHRAGHI ARANI MOJTABA

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Journal Paper

Paper Information

Journal: Journal of Comparative Law Year:2011 | Volume:7 (17) | Issue:1 (85) Page(s): 21-36

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Information Journal Paper

Title

ANALYSIS OF CLAIMS-MADE CLAUSE IN LIABILITY INSURANCE A COMPARATIVE STUDY IN FRENCH AND IRANIAN LAW

Author(s)

IZANLOO MOHSEN | ESHRAGHI ARANI MOJTABA | Issue Writer Certificate

Keywords

CLAIMQ2

CLAIMS-MADE POLICYQ2

RISKQ2

LIABILITY INSURANCEQ2

SUBSEQUENT GUARANTEE CLAUSEQ2

Abstract

The subject of LIABILITY INSURANCE contract is the insured's liability debt. The insurer's obligation to indemnity is realized when within the contract term, damage is incurred by the insured. But according to CLAIMs-made clause (reclamation clause) the insurer's obligation is realized just when the first CLAIM is made in the policy period, though damage itself, or the act causing it has been made before this period. This clause has been encountered with doubts and criticisms by French jurisprudence which is possibly due to misunderstanding about its real nature. Accordingly, this article has focused - after a preliminary representation of The Clause- on explanation of the Clause's legal nature in France and Iran.

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References

FUNDAMENTAL PRINCIPLES IN ECONOMIC ANALYSIS OF LAW

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APA: Copy

IZANLOO, MOHSEN, & ESHRAGHI ARANI, MOJTABA. (2011). ANALYSIS OF CLAIMS-MADE CLAUSE IN LIABILITY INSURANCE A COMPARATIVE STUDY IN FRENCH AND IRANIAN LAW. COMPARATIVE LAW (NAMEH-YE MOFID), 7 (17)(1 (85)), 21-36. SID. https://sid.ir/paper/219131/en

Vancouver: Copy

IZANLOO MOHSEN, ESHRAGHI ARANI MOJTABA. ANALYSIS OF CLAIMS-MADE CLAUSE IN LIABILITY INSURANCE A COMPARATIVE STUDY IN FRENCH AND IRANIAN LAW. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2011;7 (17)(1 (85)):21-36. Available from: https://sid.ir/paper/219131/en

IEEE: Copy

MOHSEN IZANLOO, and MOJTABA ESHRAGHI ARANI, “ANALYSIS OF CLAIMS-MADE CLAUSE IN LIABILITY INSURANCE A COMPARATIVE STUDY IN FRENCH AND IRANIAN LAW,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 7 (17), no. 1 (85), pp. 21–36, 2011, [Online]. Available: https://sid.ir/paper/219131/en

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