Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Supervision of insurance institutions in Iran and Turkey

Document Type : Review Article

Author
Assistant Professor, Faculty of Economic and Administrative Sciences, Gomishane University. (Corresponding Author)
Abstract
The system of supervision of insurance and insurance affairs has important features, especially in social protection and economic benefits. In the law of Iran and Turkey, part of the provisions of the laws on insurance, regulatory and regulatory affairs in insurance affairs is dedicated to itself. Most of these provisions in Turkish law are in line with the provisions of EU insurance law. In Iranian law, insurance provisions are mostly rooted in international practice and old French law. Generally, the set of legal provisions regarding the supervision of insurance companies can be examined in two groups. The first group of these provisions is related to the financial and technical structure of insurance companies, which is mostly related to the form of insurance companies, the amount of capital, the method of payment and its guarantees. The second group includes cases of protection of insurers and general conditions of the insurance contract. Understanding the insurance supervision system both in terms of comparative law and in terms of comparing the relevant principles is part of the practical process of this article. The system of insurance supervision in the law of these neighboring countries in the field of establishment of insurance companies and their activities is the main subject of this discussion. In this article, major legal issues such as insurance requirements of insurance companies in the establishment, start-up and continuation of insurance activities, supervisory authority, its duties and powers and guarantees for the implementation of the effects of supervision will be addressed. In processing and preparing this article, basic sources such as laws and regulations on the relevant subject and scientific works of doctrine have been used.
Keywords

1- Babaei, Iraj, (1388), Insurance Rights, Volume 1, Tehran, Mizan.
2- Bagheri, Mahmoud, Rahmani, Saeed, (2016), monopoly and competition in the insurance industry, Planning and Budget Quarterly, year 21, number 2.
3- Safari, Amir, (2018), Comprehensive supervision framework for insurance institutions, New Journal of Insurance World, No. 161.
4- Atta Talab, Fatemeh, Nyakan, Lili, (2018), risk-based evaluation and supervision of insurance companies, Insurance Research Quarterly, year 34, number 4.
5- Karimi, Ayat, (1376), the role of supervision in the activity of the insurance industry, Insurance Industry Quarterly, No. 46.
6- Karimi, Ayat, (2006), a look at the methods of monitoring Iran's insurance market, Asia Specialized Quarterly, No. 42.
7- Kamalkhani, Sahar, Hakimi, Farideh, (2014), Pathology of Financial Supervision (Supervision of Wealth) of Insurance Companies, 22nd National Conference and 8th International Conference on Insurance and Development, Tehran, <https://civilica. com/doc/825795>
8- Lalianpour, Noushin, Haeri, Mahshid, (2012), Supervision in the insurance industry, New Insurance World Monthly, No. 185.
9- Najafi Esfad, Morteza, Mohseni, Farid, (1388), Fundamental Rights of the Islamic Republic of Iran, 5th edition, volume 2, Tehran, Al-Hadi International Publications.
10- Birdes, John, (1997), Modern Insurance Law, 4th Edition, Sweet & Maxwell, London.
11- Bozer, Ali, (1983) Sigorta Hukuku, Ankara.
12- Çeker, Mustafa (2016), Insurance Law in accordance with the Turkish Commercial Code No. 6102, 13th Edition, Adana.
13- Güler, Ender, (2010), "Sigorta İşletmelerinde İç Denetim Uygulamalarinin İç Denetim Standartlari İle Birlikte Dewalışını", 10 (19).
14- Güvel, E. Alper/Güvel, A. Öndaş (2012), Insurance, 6th Edition, Ankara.
15- Kender, Rayegan (2014), Private Insurance Law in Turkey, 14th Edition, İstanbul.
16- Nomer, Cahit/Yunak, Hüseyin (2000), General principles of insurance, Istanbul.
17- Oksay, Suna/ Acar, Onur, (2007), Avrupa Birliği ve Türk Sigorta Sekturinde Denetim, Sigorta Araştırma ve İnceleme Yayınları-9.
18- Sigortacılık Bağımsız Denetim İlkelerine İlişken Yönetmelik.
19- Sigortacılık Kanunu.
20- T.C. Hazine Müsteşarlığı Kanunu.
21- Türk Medeni Kanunu.
22- Türk Ticaret Kanunu.

  • Receive Date 19 March 2022
  • Accept Date 04 April 2022