Özet:

The legislation to be applied primarily to life insurance contracts is the Turkish Commercial Code. Additionally, the provisions of the General Terms and Conditions of Life Insurance, which is part of the contract, will also be applied to such contracts2. While the last revision of the current General Terms and Conditions of Life Insurance (‘general terms’) has been made in 2002, whereas the Turkish Commercial Code No.6102 (‘TCC’) was adopted in 2011. When the two regulations are compared, it has been understood that the provisions of the general terms are not fully compitable with the regulations of the TCC. The aim of this analysis is to scrutinise the compatibility of the provisions of general terms with the TCC regulations and determine which provisions of the general terms are still acceptable. First, a general information will be given on the general terms, then the provisions of the general terms will be examined, in this analysis. The examination will start with the determination of whether the provisions of the general terms contradict with the first and second paragraphs of Art. 1452 and Art. 1520 TCC, which are mandatory rules. After this examination, the provisions of the general terms will be scrutinised to analyse whether they are disadvantageous to the policy holder, the insured and the beneficiary according to the third paragraphs of the aforementioned articles of the TCC.

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