LA PORTEE DU QUESTIONNAIRE SUR LE PRINCIPE DE LA DECLARATION SPONTANEE, A LA LUMIERE DU DROIT COMPARE DES ASSURANCES TERRESTRES

Authors

  • DIDIER LLUELLES

Abstract

In making an application for insurance, is an applicant obliged to disclose to the insurer information which may be relevant to the risk insured, even though the questionnaire contains no question on that point? May he, on the contrary, do no more than respond to the questions asked? In other words does the use, in principle not obligatory, of the questionnaire put in doubt-and if so to what extent- the principle that the applicant, and not the insurer, bears the obligation with respect to the information relevant to the nature of the risk to be covered? Having shown the relative uncertainty of the current Quebec law on this question, the author states, by a general and comparative outline, the two competing theses and highlights their respective advantages and disadvantages. The author favours bringing the two opposed views closer together using their positive and compatible aspects, and suggests methods of implementing this synthesis, with a view to the proper balancing of the legitimate interests of both contracting parties.

Keywords:

Insurance Law

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Published

1988-06-01

Issue

Section

Legal Commentary

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