Status and Effects of the Condition of Non-Liability in Commercial Insurance in the Iranian Legal System

 
The condition of non-liability in insurance has received less attention from researchers and existing laws. The ambiguity and the reference of the status of these terms among the private terms of the insurance policy, given the annexation of the insurance contract and the superior trading power of insurance companies are the matter of criticism, which are often lead to detriment of insurers and policyholders. Leads to. Although using some legal principles, the condition of non-liability for the main obligation of the insurer can be declared invalid, but this ambiguity continues regarding the sub-obligations of the insurer. Also, in cases where the condition of non-liability is partial, even though this condition is related to the main obligation, considering that such a condition does not destroy the general effect of the insurance contract, it cannot be considered void or void of the insurance contract. But in general, referring the non-liability condition status to private terms has caused the opportunity to be abused. For this reason, a review of existing laws and regulations seems necessary from this perspective.