The insurance contract, as any contract, is the right of obligations which stipulates, according to the definition which is given from the contract in the Civil Code, that the contractors, from the moment they commit freely, are kept. To others to respect for certain obligations, all of which can be summed up in "give, do or not to do something" (Article 1101 of the Civil Code).
The obligation for contractors to respect their reciprocal commitments is born from the moment the contract is formed: remains to be seen from what moment one can consider that the contract is concluded.
In this in-depth presentation of the insurance contract, we will first begin by giving it a precise definition, and then we are interested in the process that leads to its training. In particular, we will ask from what time the legislation considers that the insurance contract is concluded between the insurer and the proponent who subsequently becomes the subscriber.
ASSUNNING CONTRACT TIME The insurance contract concluded, insurer and subscriber are submitted, as we have recalled above, to respect certain obligations. These obligations resulting from the conclusion of the insurance contract, some are legal (insofar as they are mentioned in articles of the insurance code), others are conventional (insofar as they result from specific clauses specific to Each contract).
We will be interested in this part to describe the legal obligations of the insurer, on the one hand, and the legal obligations of the insured, on the other hand, resulting from the conclusion of the insurance contract. We will obviously not be able to identify the conventional obligations to which insurer and insured and / or subscriber, insofar as, differing from one contract to another, there are as much obligations of this kind. has insurance contracts.
Finally, we will be interested in the procedure for terminating the insurance contract, before evoking the sanctions on which an insured person and / or a subscriber in the event of a false declaration before and during the period of execution of the contract of assurance.
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