SİGORTALININ ZARAR SORUMLUSU İLE YAPMIŞ OLDUĞU HUKUKİ İŞLEMLERİN SİGORTACININ HALEFİYET HAKKINA ETKİSİ
EFFECT OF THE INSURED'S LEGAL TRANSACTIONS WITH THE PERSON RESPONSIBLE FOR THE DAMAGE ON THE INSURER'S RIGHT OF SUBROGATION

Summary/Abstract: The absolute mandatory provision of Art. 1472 TCC applies to the transactions between the insured and the insurer. In this case, the insured may establish transactions with the responsible person for the damage that are contrary to Article 1472 of the TCC. The questions of whether the insured will be liable to the insurer for these transactions affecting the right of subrogation, the nature of the liability and the moment from which this liability will commence are important for our study. Our study aims to answer these questions by analyzing the doctrine and judicial decisions and to give direction to a possible amendment of the law.

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