Aspects concerning the utmost good faith principle as in the Marine Insurance Act 1906 Cover Image
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Aspecte privind principiul celei mai bune-credințe în reglementarea Marine Insurance Act 1906
Aspects concerning the utmost good faith principle as in the Marine Insurance Act 1906

Author(s): Ioana-Roxana Oltean
Subject(s): Law, Constitution, Jurisprudence, Maritime Law, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: uberrimae fidei; maritime; application; possible defences

Summary/Abstract: The principle of utmost good faith has emerged as a solution in order to be able to cope with the rapidity of commercial relations, as well as the diversity of the object of the insurance policy. Thus, this principle is a sine qua non in maritime insurance. It allows insurance contracts to be concluded quickly and works on the basis of mutual trust between the contractual partners. Different from the principle of good faith, the principle of utmost good faith is specific to the matter of insurance, not being applicable to other categories of contracts enshrined in the Civil Code. However, it raises certain conduct and regulatory issues that will be discussed in this article.

  • Issue Year: XIX/2020
  • Issue No: 09
  • Page Range: 508-513
  • Page Count: 6
  • Language: Romanian