153 Union of Turkish Bar Associations Review 2022 Hacı KARA the policy issuance date, and it was decided to reject all the appeals of the plaintiff’s attorney and to uphold the decision.76 The insurance period is indicated on the policy drawn up with the conclusion of the insurance contract. This date shows the starting time and the continuation period of the performances arising from the insurance contract. The beginning of the insurer’s obligation to bear the risk is regulated by TCC art. 1421.77 Pursuant to this article, if there is no contrary agreement, the liability of the insurer begins with the payment of the premium or the first installment; in insurances related to land and sea transportation of goods, the insurer is responsible for concluding the contract. Sometimes, however, it may come up that the events (risks) that may have occurred before the conclusion of the insurance contract are requested to benefit from insurance protection. Realization of such a request is possible within the meaning of TCC article 1421 and TCC article 1458. Because in accordance with article 1421of the TCC, a contrary contract can be made. Therefore, the parties may specify a date before the payment of the premium or the first installment or before the conclusion of the insurance contract as the beginning of the liability of the insurer. If the parties have agreed on a date prior to the conclusion of the insurance contract as the beginning of the insurer’s liability and hence insurance protection, retroactive insurance will be in question in such cases.78 In other words, retroactive 76 www.kazanci.com, (Date of Access: 25.08.2019). 77 According to the CO, the insurance contract is established by making a proposal (offer) by the policyholder or the insurer and the acceptance of this proposal by the other party of the contract. The moment of establishment of the insurance contract also determines the starting time of the form of insurance. The technical start time of the insurance contract refers to the moment when the premium or the first installment must be paid. The beginning of the insurer’s moment of bearing the risk indicates the material start time of the insurance contract, and with the beginning of this moment, insurance protection begins. M. Sadık Çapa, “Retroactive Insurance”, Journal of Gazi University Faculty of Law,, Vol. XVIII, Y. 2014, I. 3-4, p. 343, http://webftp.gazi.edu.tr/hukuk/dergi/18_3-4_14.pdf, (Date of Access: 16.08.2019). 78 The provision of CC article 1458 on retroactive insurance can also be applied to liability insurances. General Conditions of Compulsory Liability Insurance Regarding Medical Malpractice m. It is located in A.1. Pursuant to this article, in the ten-year period prior to the contract date or during the contract period, the professional indemnity claims and litigation expenses related to this claim and the interest to be awarded during the contract period due to the damage caused by the activity and the reasonable expenses related to the compensation claim claimed
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