چکیده:
Based on the legal principles of the insurance policy as a contract, this article addresses the various conditions required for the validity of this contract. The general substantive conditions, which will be discussed in the first section of this article, are the conditions stipulated in Article 91 of the Civil Code, which are identical in all contracts. In addition to these conditions, other conditions are necessary for the validity of the insurance contract, which are mentioned in the second section under the title of specific substantive conditions, such as insurable interest, the insured risk, the beginning and end of the insurance, and the consent of the insured in life and accident insurance, where the absence of any of these will entail specific enforcement guarantees. In the third section, the formal structure of the insurance contract will be examined in four clauses under the headings of mandatory contents of the insurance policy, general conditions, special conditions, and exceptions.
خلاصه ماشینی:
In addition to these conditions, other requirements are necessary for the validity of the insurance contract, which are referred to in the second section as "special substantive conditions," such as insurable interest, the insured risk, the beginning and end of the insurance period, and the consent of the insured in life and accident insurance, the absence of any of which will entail specific legal consequences.
2 For a proposal made by a potential policyholder to possess the characteristics of an offer, it must be complete and specific; for example, the proposal form must include the amount of insurance capital, the specifications of the subject matter of insurance, and the insured risk; otherwise, its acceptance creates no obligation and, from a legal standpoint, is merely an invitation to negotiate regarding the insurance contract.
In Clause B, Art. 2 of the articles of association of Iran, Asia, and Alborz insurance companies, which serves to determine the subject matter of the aforementioned companies, it has deemed "performing all types of operations related to commercial insurance matters in the fields of property, liability, and personal insurance" to be within the competence of these companies; meaning they have the capacity to conduct transactions in all types of insurance branches.
However, the benefit of knowing its general meaning is that for the realization of an insurance contract, provided it is valid and complies with Clause 3 of Article 091 of the Civil Code, in addition to the subject matter of insurance being specified in its specific sense in the insurance policy, the insured risk and the insurable interest must also be specified; otherwise, the contract is void.
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