Commitment to information in the insurance contract (Comparative Legal Study)
Risalat al-huquq Journal,
2013, Volume 5, Issue 2, Pages 96-134
AbstractCommitment to media decision in principle to protect the consumer in the context of decades of consumption, but the Iraqi legislature has come out for this asset in the context of an insurance contract, as it has made the commitment to information mutual commitment rests with each of the insured (Professional) and the insured (consumer) to the extent Whether, believer binding informs the insured in all conditions contracted the information he has that will help the latter in determining descriptions subject of the contract, regardless of whether the laws, which organized the insurance contract, has stated explicitly requiring the insurer reported or did not provide for it. As the the legal basis for the insurer's commitment to information varies according to the position of legislation for the regulation of the insurance contract on the issue of revenue or non-revenue legal texts require the insured to information.
The majority of the legislation, which organized the insurance contract, did not list legal texts define the penalty resulting from a breach of the insurer to abide by the media, did not respond to such legislation only text (the invalidity of the special conditions to fall or invalidity that were not printed prominently in the insurance policy); also We have noted the use of legislators French and Lebanese term (terminate the contract) as an option decision to the insured to terminate the contract of insurance, in case of breach of the insured in good faith commitment to information and discover the truth data before check risk insured it, without distinguishing between types of commitment to information that has been violated, so we can say that insurance contract from decades of consumption being done between professional focus his work mainly on the profession of insurance (insured), and among consumer insurance service for personal or family (insured), and it can be used legal provisions contained in the contracts of consumption and private media to compel the insurer notifies the insured with all the information necessary related to the insurance contract, especially if the consumer contract theory become a general law for.
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