Author/Authors :
ACAR, Serdar Yalova Üniversitesi - Hukuk Fakültesi - Ticaret Hukuku ve Deniz Hukuku Anabilim Dalı, Turkey
Abstract :
The new Turkish Commercial Code, as disdinct from it’s predecessor, sets detailed rules on liability insurance, and also grants direct action right for the third party against to the liability insurer. Neverthless it includes some provisions on defences which the insurer may invoke or not, there are not a general categorization related to the insurer’s defences. Furhermore, the new code includes some conflicting provisions. This would lead to confusions in the minds of courts and attorneys. On these grounds it is considered necessary to prepare a paper which closely examines possible defences of the liability insurer.
