چکیده:
The parties to the contract must observe utmost good faith in all their statements and must not remain silent in a way that deceives the other party. The statements of the policyholder must be effective regarding the amount of the premium and the subject matter of the insurance. Information is provided to the insurer by providing complete and correct answers to the questions included in the questionnaire. The policyholder is not able to insure all potential risks that threaten the subject of the contract. In this regard, there are exceptions such as intentional damage. The insurer must also have good faith in preparing the questionnaire and the implied terms of the contract, and should not deceive the policyholder with a lack of questioning or a limited and ambiguous questionnaire. In cases where the insurer is aware of the bad faith of the policyholder and the inaccuracy of their statements, they cannot later resort to the policyholder's lack of good faith to undermine the validity and effectiveness of the contract; at the time of concluding the contract, the policyholder may also intentionally or unintentionally over-insure the property beyond its actual value, which, if intentional, causes the nullity of the contract, and if unintentional, the contract remains valid. In the event of an increase in risk or a change in the status of the subject matter of insurance by the policyholder, they are obliged to inform the insurer immediately. However, the law makes no mention of notifying the insurer of a reduction in risk, which practically implies a benefit to the policyholder.
خلاصه ماشینی:
Unrealistic risk disclosure or pricing property above its actual value causes the nullity of the contract, and contradictory statements or failure to disclose important and necessary information, assuming no bad faith, creates a right of rescission for the insurer; therefore, the existence and life of good faith in the speech and behavior of the insured until the end of the contract is an essential matter and one of the prerequisites for its validity and effectiveness.
2. Good faith of the insured in statements and the questionnaire The insured must observe utmost good faith in making all statements regarding the subject of the insurance contract and must not abuse the trust of the insurer and, regarding the subject of the contract, whether it be property or person (in property and personal insurance), must not make any statement or remain silent that would cause the deception of the other party (the insurer), in such a way that if those matters had been stated, or if they had not refrained from stating important matters, it would have influenced the conclusion of the insurance contract by the insurer and the company's acceptance of the obligation to pay damages incurred to the insured in the event of an accident, and in fact, with their statements, they would have provided the grounds for deceiving the insurer.
Facts that fall within the scope of public awareness or an informed commercial society do not require notification to the other party; established customs and practices, natural and geographical hazards, political risks, and international conditions belong to this category, and silence in these cases will not affect the validity of the contract; because it is assumed that the insurer knows these matters as a member of society.
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