Reasürans Sözleşmeleri

Abstract

Reinsurance contracts are contracts under which an insurer obtains insurance coverage, in whole or in part, for the liability arising from the risks that it has assumed or will assume due to insurance or reinsurance contracts. The purpose of this study is the analysis of reinsurance from a contractual point of view. The methodology of this thesis is primarily based on an evaluation of the legal provisions in comparative law, case law and literature. In addition, the PRICL provisions, which are international in nature and recommended as soft law by reinsurance practitioners and leading academicians in the field, are also taken into consideration in detail. Afterwards, Turkish law is analysed and our suggestions and opinions are presented. This doctoral thesis on reinsurance contracts comprises three chapters. In the first chapter, the general principles of reinsurance contracts are evaluated. In this context, the definition, elements and functions of reinsurance are explained. In addition, the types of reinsurance contracts and the risk transfer methods used in these contracts are presented. Afterwards, the legal nature of the reinsurance contract and the effect of some clauses in the contracts on the legal nature of reinsurance are evaluated. Finally, the rules of law applicable to reinsurance contracts, the applicability of mandatory provisions and customary rules are scrutinised. The second part is related to the structure of the reinsurance contract. In this context, the parties, form, scope and duration of the contract are explained. In addition, the special clauses, which are frequently included in reinsurance contracts in practice, are analysed. In the third part, the obligations of the parties, the rights of the parties in case of breach of the obligations, the termination of the contract and the dispute resolution are elaborated.