Comparative Study of the Situation and Effects of the Condition of Non-Responsibility in Commercial Insurance in the Legal System of Iran and England

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Rosta Sekehravany Mohammad Javad; Tabaie Mahshid Alsadat; JAMALI JAFAR; AMINI MANSOUR

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:1 (103) Page(s): 49-71

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Information Journal Paper

Title

Comparative Study of the Situation and Effects of the Condition of Non-Responsibility in Commercial Insurance in the Legal System of Iran and England

Author(s)

Rosta Sekehravany Mohammad Javad | Tabaie Mahshid Alsadat | JAMALI JAFAR | AMINI MANSOUR | Issue Writer Certificate

Keywords

non-liabilityQ2

insurerQ1

insuredQ2

voidQ2

Abstract

The condition of non-liability in insurance has been less considered by researchers and existing laws. The ambiguity of the conditions of these terms and referral of the condition of these terms to the private conditions of the insurance policy, due to the extension of insurance contracts and the superior trading power of insurance companies, is criticized, often to the detriment of the insurers and beneficiaries of the insurance policy Ends. However, according to legal basis, it is possible to cancel the condition of non-responsibility for the main obligation of the insurer, but this ambiguity continues with the insurer's underwriting obligations. Also, in cases where the condition of non-liability is minor, although such a condition is subject to the principal obligation, considering that such a condition does not eliminate the overall effect of the insurance contract, it is not possible to invalidate or insert the insurance contract. But in general, the referral of the status of the condition of non-responsibility to private conditions has created opportonities for misuse. For this reason, reform of existing laws and regulations seems to be necessary from this perspective.

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APA: Copy

Rosta Sekehravany, Mohammad Javad, Tabaie, Mahshid Alsadat, JAMALI, JAFAR, & AMINI, MANSOUR. (2019). Comparative Study of the Situation and Effects of the Condition of Non-Responsibility in Commercial Insurance in the Legal System of Iran and England. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(1 (103) ), 49-71. SID. https://sid.ir/paper/364678/en

Vancouver: Copy

Rosta Sekehravany Mohammad Javad, Tabaie Mahshid Alsadat, JAMALI JAFAR, AMINI MANSOUR. Comparative Study of the Situation and Effects of the Condition of Non-Responsibility in Commercial Insurance in the Legal System of Iran and England. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(1 (103) ):49-71. Available from: https://sid.ir/paper/364678/en

IEEE: Copy

Mohammad Javad Rosta Sekehravany, Mahshid Alsadat Tabaie, JAFAR JAMALI, and MANSOUR AMINI, “Comparative Study of the Situation and Effects of the Condition of Non-Responsibility in Commercial Insurance in the Legal System of Iran and England,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 1 (103) , pp. 49–71, 2019, [Online]. Available: https://sid.ir/paper/364678/en

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