TTK M. 1422 HÜKMÜNÜN FARKLI BİR BAKIŞ AÇISIYLA DEĞERLENDİRİLMESİ.

According to Article 1422 of the TCC; "If the occurrence of the risk is impossible without the acts and effects of the policyholder, the insured and, in life insurance, the beneficiary, before the insurer's liability commences, the insurer shall not be entitled to the premium." As it is known, the risk is an event that triggers the insurer's payment obligation, which is likely to occur in the future, but whether it will occur or not is unknown in advance. Just as the interest existing at the time of the conclusion of the contract disappears during the term of the contract, the contract becomes invalid at that moment, a similar result arises in terms of the risk. Indeed, as a rule, if the liability of the insurer starts with the payment of the premium, the premium obligation is being removed if the realisation of the risk has become impossible due to a reason that cannot be attributed to the insurer, the insured or the beneficiary in life insurance. At this point, it is vital to interpret the provision together with the regulations regarding the debts and obligations of the insurer, and to resolve the issues of whether the premium will be paid or not, and if so, at what rate it should be paid. Because, it is seen that the result reached based on the contrary meaning of the provision is in contradiction with the regulations regarding the premium and the absence of insurance interest. In addition, whether the provision in question can be applied in terms of retroactive insurances is also a problem that needs to be resolved. In order to solve all these problems, the provision should be interpreted in a different way in accordance with the purpose. [ABSTRACT FROM AUTHOR]