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კეთილსინდისიერების პრინციპი დაზღვევის სამართალში
Date Issued
2019
Author(s)
Institution
Faculty
Publisher
Abstract
Insurance relationship is a legally relevant one. All contractual relationships of parties are based on the principle of free will. When entering into contract, parties consider counter interests of one another. Equality is one of the essential preconditions in contractual relationships between parties. Insurance is a paid service. According to insurance contract both parties undertake certain obligations and gain rights. All this has to be implemented within the legal framework.
In the presented paper the principle of good faith is discussed. Parties to the insurance contract are obliged to fulfil their rights and obligations according to this principle. The paper contains the review of criteria for qualifying the conduct of parties as a breach of good faith liabilities.
The paper emphasizes legal consequences of breach of good faith liabilities. The discussion gets into the depth of defining which of the parties is the weaker one and where more risks for violating good faith liabilities are.
The paper contains reference to court decisions in which the importance of good faith liabilities is reaffirmed. Liabilities implied under the good faith according to civil code of Georgia apply to all types of contractual relationships.
The purpose of the paper is to emphasize the idea of protecting the principle of good faith, to raise the awareness of its importance for parties and to prevent the breach of good faith liabilities to the detriment for any of the parties.
In the presented paper the principle of good faith is discussed. Parties to the insurance contract are obliged to fulfil their rights and obligations according to this principle. The paper contains the review of criteria for qualifying the conduct of parties as a breach of good faith liabilities.
The paper emphasizes legal consequences of breach of good faith liabilities. The discussion gets into the depth of defining which of the parties is the weaker one and where more risks for violating good faith liabilities are.
The paper contains reference to court decisions in which the importance of good faith liabilities is reaffirmed. Liabilities implied under the good faith according to civil code of Georgia apply to all types of contractual relationships.
The purpose of the paper is to emphasize the idea of protecting the principle of good faith, to raise the awareness of its importance for parties and to prevent the breach of good faith liabilities to the detriment for any of the parties.
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Irina Kutsia Samagistro.pdf
Description
კეთილსინდისიერების პრინციპი დაზღვევის სამართალში
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481.22 KB
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Adobe PDF
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(MD5):07dcd0972b414a84b55a57e3ecd594f5