چکیده:
Background and Objective: The obligation of pre-contractual disclosure is one of the matters that modern contract law considers an essential requirement for a valid and enforceable contract. This article attempts to examine the scope of the pre-contractual disclosure obligation in the insurance laws of England and Iran. The main question raised and examined in this regard is: what is the scope of the pre-contractual disclosure obligation in the insurance laws of England and Iran? Methodology: The article is descriptive-analytical and uses the library research method to address the mentioned question. Findings and Results: The research results indicate that the Iranian legislator, in Articles 12 and 13 of the Insurance Law, has addressed the pre-contractual disclosure obligation and has obligated the insured to provide accurate information to the insurer. These regulations, which contain ambiguous instructions, have always raised questions regarding the scope of the obligation and the quality of its execution. This is while simultaneously in English insurance law, despite the common law system, the legislator has extensively addressed the subject of pre-contractual disclosure obligation and, by dividing insurance contracts into commercial and non-commercial, has predicted different qualities of obligation. The present writing, through comparative study and using the legal experience of England, identifies the pillars of the obligation and finally concludes that in Iranian law, on one hand, the quality of the contract has no effect on the type of obligation, and on the other hand, the insured, in a situation similar to non-commercial insurance in England, is merely obligated to exercise good care and refrain from fraud and is not required to voluntarily provide information.
خلاصه ماشینی:
The present writing, through comparative study and using the legal experience of England, identifies the elements of the obligation and finally reaches the conclusion that in Iranian law, on one hand, the quality of the contract has no effect on the type of obligation, and on the other hand, the insured, in a situation similar to non-commercial insurance in England, is only obliged to exercise due care and refrain from deception and is not required to provide information voluntarily.
This is while in Iranian insurance law, firstly, no distinction has been made between types of insurance contracts, and secondly, in the only existing law, namely the Insurance Law of 1316, only two articles have briefly and ambiguously addressed the provisions of the pre-contractual disclosure obligation and naturally have left the audience without answers to a vast amount of questions.
In this case, even the existence of suspicions such as the contract being a contract of adhesion and the weakness of the insured's power in drafting the contract cannot deny their right to receive information, because even in this specific field, an individual's action has its own special enforcement mechanism, and they are free to make decisions in this regard with knowledge and awareness; therefore, even a circumstance like the contract being a contract of adhesion cannot negate the insurer's obligation to provide information.
(
, 
, 
)
