Legal aspects of the insurance premium

Law === LL.D. === The contract of insurance is one of the more frequently concluded commercial contracts. The premium which is undertaken in terms of an insurance contract is one of the essential features of the insurance contract. Notwithstanding the obvious importance of the role of the premium an...

Full description

Bibliographic Details
Main Author: Schulze, W. G. (Wilhelm Georg)
Other Authors: Van Niekerk, J. P.
Format: Others
Published: 2015
Subjects:
Online Access:http://hdl.handle.net/10500/17697
id ndltd-netd.ac.za-oai-union.ndltd.org-unisa-oai-umkn-dsp01.int.unisa.ac.za-10500-17697
record_format oai_dc
spelling ndltd-netd.ac.za-oai-union.ndltd.org-unisa-oai-umkn-dsp01.int.unisa.ac.za-10500-176972016-04-16T04:08:34Z Legal aspects of the insurance premium Schulze, W. G. (Wilhelm Georg) Van Niekerk, J. P. Insurance Insurance contract Premium Payment of premium Reasonable premium Non-payment of premium Role of brokers in payment of premium Return of premium Forfeiture of premium Insurance of premium Burial society Stokvel 346.86 Insurance law Insurance premiums Liability insurance -- Premiums Insurance policies Law LL.D. The contract of insurance is one of the more frequently concluded commercial contracts. The premium which is undertaken in terms of an insurance contract is one of the essential features of the insurance contract. Notwithstanding the obvious importance of the role of the premium and the legal aspects surrounding it, it has in the past often received but scant treatment in insurance-law materials. In this thesis it is shown that there exist a number of aspects regarding the premium which are unclear and in need of careful scrutiny. In the case of certain other aspects (regarding the premium), although there is certainty as to their contents it is necessary to identify and (re-)define their place in the broader scheme of the insurance law. The study commences with an investigation into the historical development of the concepts of "insurance" and "premium". This is followed by a study of the relevant principles of Roman-Dutch law. A comparative study is made of the law in a number of countries, namely, the Netherlands, Belgium, England and Australia. The position in South African law is also considered. An introductory study is made regarding those concepts in South African indigenous law which are insurance-like. Finally, a number of conclusions are drawn and recommendations are made in respect of a selection of aspects regarding the premium which are unclear. These aspects concern the nature of the premium; the question whether "premiumless" or "free" insurance is legally possible; the question whether the parties may agree to insure at a "reasonable premium"; the protection of the insured in the case of the non­ payment of the premium; the receipt of the premium by the broker; the return of the premium where the insured has acted fraudulently; the legal tenability of the practice of insuring the premium; the possibility that the contribution in terms of some concepts of our indigenous law may resemble the premium; and finally, the analogous method as a source of law to extend and broaden the pool of legal principles applicable to the insurance contract. 2015-01-23T04:24:13Z 2015-01-23T04:24:13Z 1996-06 http://hdl.handle.net/10500/17697 1 online resource (xix, 485 leaves)
collection NDLTD
format Others
sources NDLTD
topic Insurance
Insurance contract
Premium
Payment of premium
Reasonable premium
Non-payment of premium
Role of brokers in payment of premium
Return of premium
Forfeiture of premium
Insurance of premium
Burial society
Stokvel
346.86
Insurance law
Insurance premiums
Liability insurance -- Premiums
Insurance policies
spellingShingle Insurance
Insurance contract
Premium
Payment of premium
Reasonable premium
Non-payment of premium
Role of brokers in payment of premium
Return of premium
Forfeiture of premium
Insurance of premium
Burial society
Stokvel
346.86
Insurance law
Insurance premiums
Liability insurance -- Premiums
Insurance policies
Schulze, W. G. (Wilhelm Georg)
Legal aspects of the insurance premium
description Law === LL.D. === The contract of insurance is one of the more frequently concluded commercial contracts. The premium which is undertaken in terms of an insurance contract is one of the essential features of the insurance contract. Notwithstanding the obvious importance of the role of the premium and the legal aspects surrounding it, it has in the past often received but scant treatment in insurance-law materials. In this thesis it is shown that there exist a number of aspects regarding the premium which are unclear and in need of careful scrutiny. In the case of certain other aspects (regarding the premium), although there is certainty as to their contents it is necessary to identify and (re-)define their place in the broader scheme of the insurance law. The study commences with an investigation into the historical development of the concepts of "insurance" and "premium". This is followed by a study of the relevant principles of Roman-Dutch law. A comparative study is made of the law in a number of countries, namely, the Netherlands, Belgium, England and Australia. The position in South African law is also considered. An introductory study is made regarding those concepts in South African indigenous law which are insurance-like. Finally, a number of conclusions are drawn and recommendations are made in respect of a selection of aspects regarding the premium which are unclear. These aspects concern the nature of the premium; the question whether "premiumless" or "free" insurance is legally possible; the question whether the parties may agree to insure at a "reasonable premium"; the protection of the insured in the case of the non­ payment of the premium; the receipt of the premium by the broker; the return of the premium where the insured has acted fraudulently; the legal tenability of the practice of insuring the premium; the possibility that the contribution in terms of some concepts of our indigenous law may resemble the premium; and finally, the analogous method as a source of law to extend and broaden the pool of legal principles applicable to the insurance contract.
author2 Van Niekerk, J. P.
author_facet Van Niekerk, J. P.
Schulze, W. G. (Wilhelm Georg)
author Schulze, W. G. (Wilhelm Georg)
author_sort Schulze, W. G. (Wilhelm Georg)
title Legal aspects of the insurance premium
title_short Legal aspects of the insurance premium
title_full Legal aspects of the insurance premium
title_fullStr Legal aspects of the insurance premium
title_full_unstemmed Legal aspects of the insurance premium
title_sort legal aspects of the insurance premium
publishDate 2015
url http://hdl.handle.net/10500/17697
work_keys_str_mv AT schulzewgwilhelmgeorg legalaspectsoftheinsurancepremium
_version_ 1718225016341921792