Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 413-428 |
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Solitanian D, Bayati M H. Comparison of the 2012 and 2015 Insurance Laws of England in Terms of the Limits of the Obligation to Inform. MLJ 2022; 16 :413-428
URL: http://ijmedicallaw.ir/article-1-1608-en.html
URL: http://ijmedicallaw.ir/article-1-1608-en.html
1- Department of Law, Tonkabon Branch, Islamic Azad University, Tonkabon, Iran
2- Department of Jurisprudence and Law, Faculty of Theology, Adalat University, Tehran, Iran.
2- Department of Jurisprudence and Law, Faculty of Theology, Adalat University, Tehran, Iran.
Abstract:
Background and Aim: Information plays a very effective role in the insurance contract. According to the information received from the insured, the insurer measures the contractual risk and decides whether or not to conclude the contract or the quality of the contractual terms. The sum of these cases has placed the provision of information as a separate obligation in the field of insurance rights. This article tries to examine the pillars of this obligation in two insurance laws of 2012 and 2015 in England.
Method: The article is descriptive-analytical and library method is used.
Ethical Considerations: In all stages of writing this article, the authenticity of the texts and trustworthiness have been observed.
Results: England has a rich and long history in the field of insurance rights. The first insurance contracts were concluded in the busy and turbulent ports of this country, and later the laws that were concluded in the course of property protection and risk insurance were widely accepted and imitated by other countries. In such a way, this welcome, along with its strategic location and legislative experience, has gradually turned England into a leading system in the field of insurance rights. In this regard, one of the most recent legislations is related to the years 2012 and 2015, which created innovations in two groups of consumer and non-consumer insurance contracts, respectively. The central point of these laws is the obligation to provide information in the pre-contract stage, which shows the concern of the legislator in the field of covering the necessary information before concluding the contract. In this article, with a comparative study between the above two laws, the elements of the notification obligation in consumer and non-consumer contracts are compared.
Conclusion: The Insurance Law of 2012 considers the responsibility of providing the information of the insured to be limited only to the cases where the necessary questions have been raised by the insurer. Therefore, in other cases, the provision of information by the insured is voluntary. In contrast to the Insurance Law of 2015, by removing the voluntary provision, it first places the responsibility of providing information on the policyholder, and in the next step, to adjust this duty; it adds certain limits and loopholes.
Please cite this article as:
Solitarian D, Bayati MH. Comparison of the 2012 and 2015 Insurance Laws of England in Terms of the Limits of the Obligation to Inform. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e29.
Method: The article is descriptive-analytical and library method is used.
Ethical Considerations: In all stages of writing this article, the authenticity of the texts and trustworthiness have been observed.
Results: England has a rich and long history in the field of insurance rights. The first insurance contracts were concluded in the busy and turbulent ports of this country, and later the laws that were concluded in the course of property protection and risk insurance were widely accepted and imitated by other countries. In such a way, this welcome, along with its strategic location and legislative experience, has gradually turned England into a leading system in the field of insurance rights. In this regard, one of the most recent legislations is related to the years 2012 and 2015, which created innovations in two groups of consumer and non-consumer insurance contracts, respectively. The central point of these laws is the obligation to provide information in the pre-contract stage, which shows the concern of the legislator in the field of covering the necessary information before concluding the contract. In this article, with a comparative study between the above two laws, the elements of the notification obligation in consumer and non-consumer contracts are compared.
Conclusion: The Insurance Law of 2012 considers the responsibility of providing the information of the insured to be limited only to the cases where the necessary questions have been raised by the insurer. Therefore, in other cases, the provision of information by the insured is voluntary. In contrast to the Insurance Law of 2015, by removing the voluntary provision, it first places the responsibility of providing information on the policyholder, and in the next step, to adjust this duty; it adds certain limits and loopholes.
Please cite this article as:
Solitarian D, Bayati MH. Comparison of the 2012 and 2015 Insurance Laws of England in Terms of the Limits of the Obligation to Inform. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e29.
Type of Study: Original Article |
Received: 2023/02/20 | Accepted: 2023/08/6
Received: 2023/02/20 | Accepted: 2023/08/6
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