Abstract
اThe Obligation of Insurer and Insurance Intermediaries to Advise a Consumer in the Insurance Contract: An Analytical and Comparative Study
Providing an advice, by insurer and insurance intermmidators to a costumer, is an obligation finds its base in the principle of good faith that is requiring from them to pay cooperation with a costumer, enlightening and directing his/her will to the sounder choice of that an insurance product that is much more conforms with his/her needs and demands. The European Directive No. (97/2016) has accurately drawn the content of the obligation, the conditions of its fulfillment and the guarantees of the good performance of the obligation. Correspondingly, the Iraqi insurance legislation lack a comparable regulation of this obligation, which is constitute a serious legislative-hole diminishing the optimal protection of consumer interests .
These matters will be highlighted in this article, and a proposal for reforming the realities of the Iraqi insurance legislation will be suggested therein.
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