Duty to Inform as a Specificity of Demonstration of Good Faith Principle in Voluntary and Compulsory Insurance

Irma Nozadze

Abstract


Insurance contract executed within the framework of either voluntary or compulsory insurance is based on the bona fides of the parties thereto. Due fulfilment of the duty to inform is of paramount importance as it is one of specific features of the demonstration of the good faith principle. The duty to inform should be duly fulfilled both during pre-contractual and contract period and upon occurrence of an insured event. Fulfilment of the duty to inform in voluntary and compulsory insurance is associated with certain specificities. This paper is focused on the analyses of these differences, it exposes the boundary between voluntary and compulsory insurance, reveals its essence and importance within the legal framework, in judicial practice and, in general, in civic relationship.


Keywords


insurance forms, voluntary insurance, compulsory insurance, specificity of demonstration of good faith principle, duty to inform, legal consequences of the breach of the duty to inform.

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References


Constitution of Georgia (in Georgian).

Civil Code of Georgia (in Georgian).

Law of Georgia on Insurance (in Georgian).

Law of Georgia on Third Party Liability of the Owners of Motor Vehicles, Parliamentis Ustkebani (Parliamentary Reports) 33, 31/07/1997 (in Georgian).

Law of Georgia on Compulsory Fire Insurance, SSM, 3(10), 19/02/1999 (in Georgian).

Law of Georgia on Compulsory Insurance of the Life and Health of a Member of Parliament, SSM, 30(37), 13/07/1999 (in Georgian).

Iremashvili K., Commentary on Civil Code of Georgia, , Article 799, 4, 13-16, 18; Article 801, 1-3; Article 830, 1-2; Article 819, 1; Article 808, 2; Article 827, 2; Article 834, 1-2 (in Georgian).

Iremashvili K., Insurable Interest Doctrine and Analysis of its Criticism, Law Journal N2, 2013, 57, 58, 60 (in Georgian).

15.Tsiskadze M., Legal Regulation of Voluntary Insurance, Meridiani Publishing House, 2001, 28, 31 (in Georgian).

Motsonelidze N., Role of Contemporary Biomedicine in Insurance Law, ,,Law Journal” №2, 2013, 120,122,122-123 (in Georgian).

Ketsbaia E., Subject and Object of Legal Relationship, Journal ,,Justice and Law”, №4(43)’14, 2014, 86 (in Georgian).

Tbilisi Appeals Court, Civil Chamber, 21 November, 2012, Case №2b/3080-12 (in Georgian).

The First Chamber of the Constitutional Court of Georgia, Decision №1/2/106, Tbilisi, 31 October, 2001 (in Georgian).

, Case № AS-85-81-2013 (in Georgian).

Beatson T., Friedmann D., Good Faith and Fault in Contract Law, Oxford, New York, 2002, 171.

Smits J., M., Contract Law, A Comparative Introduction, Great Britain, 2015, 136.

Rejda G.E., Principles of Risk Management and Insurance, 10th ed., United States of America, 2008, 17, 174-175, 178, 181-183.

Zimmermann R., The Law of Obligations Roman Foundations of the Civilian Tradition, Oxford University Press, 1996, 1.

Zimmerman R., Whittaker S., Good Faith in Law European Contract Law, Cambridge University Press, 2004 , 66.

Thorburn C., On the Measurement of Solvency of Insurers, Resent Developments that will Alter Methods Adopted in Emerging Markets, The World Bank, Washington, 2004, February, 2.

Jerry H.R., Richmond d. R., Understanding Insurance Law, 5th ed., LexisNexis, San-Francisco, 2012, 51, .

Leaven L., The Political Economy of Deposit Insurance, The World Bank, Washington, 2004, March, 1-5.

Demirguc-Kunt A., Kane E.J., Laeven L., Deposit Insurance Design and Implementation, Police Lessons from Research and Practice, The World Bank, Washington, July 2006, 1-5.

Valdivia V.H., The Insurance Role of Social Security: Theory and Lessons for Police Reform, USA, 1997, September, 5-6.

Markensinis B., Unberath H., Johnston A., The German Law of Contract, 2nd ed., Oxford and Portland, Oregon 2006, 165.

Campbell D., International Insurance Law and Regulations, Vol. 1, Austria, Salzburg, 2015 March, 732.

Basedow J., Bird J., Clarke M., Cousy H., Heiss H, Principles of European Insurance Contrat Law (PEICL), 2009, 44.

Rogan P., The Insurance and Reinsurance Law review, United Kingdom, 2013, 92.

Project Group, Reicher-facilide F., Helmut H., Restatement of European Insurance Contract Law, Principles of European Insurance Contract Law (PEICL), Article 2:702, 2015, 1 November, 23.

Emmett J.,Vaughan T., Fundamentals of Risk and Insurance, 10th ed., 2007, 176.

Zweifel P., Roland E., Insurance Economics, Berlin, Heidelberg, 2012, 268.

Cummins J.D., Mahul O., Catastrophe Risk Financing in Developing Countries, The World Bank, Washington, 2009, 0-3.

Gurenko E., Mahul O., Enabling Productive but Asset-Poor Farmers to Succeed, A risk Financing Framework, The World Bank, Washington, 2004, February.

European Commission – Directorate – General for Justice, Final Report of the Commission Expert Group on European Insurance Contract Law, European Union, 2014, 29.

William Hsiao C., Paul Shaw R., Social Health Insurance for Developing Nations, Washington , 2007, 11-14.

Hodgin R., Text and Materials, 2nd ed., Great Britain, 2002, 121-122.

Loshin J., Insurance Law’s Hapless Busybody: A Case Against the Insurable Interest Requirement, The Yale Law Journal, 2007, 294.

Martin A., Hurley P., Introduction to the Law of Contracts, 4th ed., USA 2008, 521.

Cook J., Law of Tort, 5th ed., Great Britain, 2001, 23.

Kuniz C.L., Chomsky C.L., Interactive Case book Series Contracts , A contemporary Approach, West's Law School Advisory Board, USA, 2010, 14 .

Acquis Group, Pre-contractual Obligations, Conclusion of Contract, Unfair Terms, Germany, München, 2007, 62.

Thorburn C., On the Measurement of Solvency of Insurance Companies, Resent Developments that Will Alter Methods Adopted in Emerging Markets, The World Bank, Washington, February, 2004, 2.


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