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- Title
ZORUNLU SORUMLULUK SİGORTACISININ SONRAKİ SORUMLULUĞU.
- Authors
HACIÖMEROĞLU, Üyesi Abdülhamid Oğuzhan
- Abstract
In order to protect the public interest and to ease the compensation for the injured parties, it is deemed obligatory to have some liability insurances. In order to reinforce these aims, the article 1484 of the Turkish Commercial Code is regulated, which has the application only for compulsory liability insurances. According to the second paragraph of the aforementioned article, "the expiration of insurance relation can only be effective against the injured party after one month following the notification of the insurer to the public authorities that the contract has been expired or is about to be expired". The similar provision can be found in the second paragraph of the article 117 of the German Insurance Contracts Act. It is called in the doctrine as "subsequent liability" (Nachhaftung) meaning that compulsory liability insurer is liable for one more month against the injured part despite the expiration of the insurance relation. In this paper, this subsequent liability of compulsory liability insurer is examined and some solution offers are discussed after determining the insufficient aspects of the system especially in Turkish law.
- Subjects
INSURANCE policies; LIABILITY insurance; INSURANCE companies; PUBLIC interest; INSURANCE
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2020, Vol 36, Issue 2, p165
- ISSN
1300-1396
- Publication type
Article