The duties of the parties to the contract.
The subscription of the insurance contract gives rise to rights to the subscriber. It also gives birth to homework.
The insurance contract plays a key role in the insurance coverage of our assets for damage insurance and in the financing of assets in the case of life insurance.
The contract contains a wealth of information which governs the relations between the actors, the subscriber (who signed the contract), the insured (for whom the guarantees are taken out in the case of non-life insurance and on whose head the risk on the human life weighs in the case of life insurance), the beneficiary (who receives compensation in damage insurance and who receives capital in the case of life insurance), and the insurer (who is the policyholder risk, that is to say, the one who will have to pay funds in the event of a contingency provided for in the contract).
It is therefore the contractual clauses that will define whether the guarantee provided for or not, depending on various factors precisely provided for in this contract.
It is in the insurance contract that the guarantees, exclusions, deductibles and limitations of guarantees are listed.
This contract gives rise to reciprocal obligations between the two parties.
On the insured side, we can cite the incentive to pay the contribution (in life insurance the payment of contributions is optional, while in non-life insurance it is compulsory).
We can also cite the obligation to accurately declare the risk. Historically, insurers have asked life policyholders questions in order to find out their potential for death. Today, with death counterinsurance guarantees, this practice has become obsolete. But with the introduction of provident insurance guarantees, some insurers are once again resorting to risk questionnaires. The risk questionnaire is used in damage insurance to target a risk, for example, with the address of the garage where the insured's car is parked.
On the insurer side, we can cite the duty of advice and the duty of information that he owes to his insured. The insurance contract is subject to civil law, consumer law and insurance law. It consists of several documents. The special provisions contain the essential elements of the contract such as the price. The general provisions contain the rules for the application of guarantees. The special provisions define the rules for a determined risk, such as for example Historical Monuments.
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