Özet:

It is observed that, on the one hand, some foreign terms frequently used in reinsurance contracts have not yet been determined as equivalent Turkish legal terms on the other hand, some current terms proposed as equivalent to foreign terms have either lack of consensus or a character of translation rather than a legal concept. It is difficult to determine the meaning and scope of a foreign term under Turkish law. In addition, according to Article 11/5 of Law No. 5684, the Turkish equivalents of these terms should be determined. Therefore, there is a need to determine the Turkish equivalents of the reinsurance contractual terms under Turkish law. We believe that meeting this need will facilitate the legal examination of reinsurance contracts and contribute to the widespread application of reinsurance. In this study, existing Turkish reinsurance terms, considered equivalent to frequently used reinsurance foreign terms, are evaluated, and suggestions are made. These proposals do not aim to limit the parties' freedom of contract to reinsurance transactions in practice. On the contrary, it is desired to ensure legal certainty in terms of agreements that must be drafted in Turkish.

Anahtar Kelimeler: