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 of the status of these terms and the reference of the status of these terms to the private terms of the insurance policy, given the annexation of the insurance contract and the superior trading power of insurance companies is a matter of criticism, which is often to the 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 if such a 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 status of the condition of irresponsibility to private conditions has opened the door to abuse. For this reason, a review of existing laws and regulations seems necessary from this perspective.