Les circonstances nouvelles dans le contrat d’assurance en droit Tunisien

Abstract EN

The insurance contract is one of the time contracts whose implementation extends over time so that new circumstances related to the insured risk are introduced in terms of its size or the possibility of its occurrence, which introduces a disturbance to the contractual balance.

This is organized by Articles 7, 8 and 9 of the Tunisian Insurance Code so that this legal system is obligated to the new circumstances of the insurance contract, the insured by announcing these circumstances that may result in an amendment of the contract.

That is why this legal system is considered a unique feature of the insurance contract, in which it departs from the principle of the authority of the will and the obligation of the final contract in its first form.

he concept of new conditions in the insurance contract raises the issue of defining and controlling it on the one hand, given that there are two definitions of this concept, the first being broad and the other narrow.

It also sets the controls for the insured's obligation to announce these circumstances on the other hand.

Determining the effects of the emergence or exacerbation of these new circumstances affecting the nodal balance is also related to the good or bad faith of the insured, who may be aware of these circumstances or their exacerbation without announcing that at the time.

This is what makes the legal system for the new circumstances in the insurance contract composed of different elements, namely the will of the contracting parties, the good faith of the insured, and finally the text of the law that actually limits the power of the will.

The occurrence of these new circumstances affecting the insured risk results in legal effects, including termination or modification of the contract, which raises the issue of the consent of the contracting parties to this modification and its content.