Abstract :
According to article 1484 of Turkish Commercial Code No. 6102 titled Obligation to pay to the injured party, even though insurer is exempted partially or fully from the obligation to pay against policy owner, this matter cannot be proposed in a case against an injured party since the article 1484 of TCC is a mandatory clause under the guarantee of article 1486/f.2 and, as a result, any provision contrary is considered null and void. Provision § 158c a.F.VVG which was the source of this regulation has been revoked on 01.01.2008 and replaced by §117 VVG. However, this particular change in the source was not pursued by article 1484 of TCC. Insurer s obligation to pay against injured party is restricted to the amount of the compulsory insurance. According to article 1448 of TCC, insurer s obligation to pay should also be limited by the risks assumed with compulsory insurance and limitations period. Although not obligated to pay against policy owner in article 1484 of TCC insurer is put under an obligation by a legal provision to pay against injured party, thus absence of an explanation should be considered as an important deficiency concerning insurer s ability to claim against policy owner by subrogation once the payment to injured party is made... insurer s obligation to pay according to article 1484 of TCC should come to an end. According to article 1484/f.2 of TCC, an opportunity is introduced that insurer will be exempted from all obligations against injured party after one month following the notification of the end of insurance contract to a responsible authority. However, there is no explanation existed in referred article or in any other regulation regarding the identity of a responsible authority. Furthermore, just like in § 117 VVG, such cases like non-existence of a contract and expiration should also be included to the ending of an insurance contract. Article 1484/f.3 anticipated that the insurer will be exempted from all obligations as long as the damage is compensated by Social Security Institution. Correspondingly, as anticipated in § 117 VVG, insurer s obligation to pay according to article 1484 of TCC should also come to an end in a case where the damage to injured party is compensated by another indemnity insurance.
NaturalLanguageKeyword :
Obligation to pay against injured party , Insurer s Obligation to pay in Compulsory Insurance , Compulsory Liability Insurance , Limitation period in obligation to pay against injured party , Compulsory Insurance.
