NEWSLETTER-2019-metin

373 MISCELLANEOUS Pre-contractual Obligation of Declaration of the Insurant and the Insurer’s Rights in Case of Violation of the Obligation* Att. Duygu Oner Introduction During the conclusion of an insurance contract, the insurance company does not have any information about the goods, life or liabil- ity subject to be covered by the insurance coverage. For this reason, the insurer is obliged to rely on the information given to him by the insurant and to provide an insurance coverage accordingly. It is only possible for the insurer to correctly determine the risk subject to the insurance contract and the premium to be received from the insurant, by providing the insurer accurate and complete information on the insurance subject. In this context, the insurer will include the insurant into a certain group of insurants by “classifying” it according to the evaluation of the information obtained from the insurant; will calcu- late the premium and determine the situations to be excluded from the insurance coverage and the contractual duties to be undertaken by the insurant in the contractual relationship 1 . The legislator which has taken that into account, entrusted the insurant with the duty to inform the insurer of the risk to be undertaken with the contract before the insurance contract is concluded and granted certain rights to the insurer in the event of insurant’s breach of this obligation. Scope of the Obligation of Declaration Pursuant to Article 1435 of the Turkish Commercial Code (“TCC”), the insurant is obliged to inform the insurer of all impor- * Article of June 2019 1 Ünan, Samim: Türk Ticaret Kanunu Şerhi, Sigorta Hukuku, Cilt 1 Genel Hüküm- ler Madde 1401- 1452, XII Levha Yayıncılık, 1. ed., Istanbul, October, 2016.