(1) When the insurance contract provides a clause that payment of the premium or its first tranche is a condition of effectiveness of the contract or of the beginning of insurance period, that clause may be relied upon by the insurer only if: a) it…
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Article 1846. Payment of the insurance premium
(1) The policy holder is under an obligation to pay the premium only when the insurance policy is issued. (2) If the insured interest does not exist at the beginning of the insurance or if a future interest does not accrue, the policy holder is…
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Article 1845. Reduction of Risk
(1) If there is a material reduction of risk, the policyholder shall be entitled to request a proportionate reduction of the premium for the remaining insurance contract. (2) If the parties do not agree on a proportionate reduction within one month of the request being…
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Article 1844. Sanctions in case of aggravation of risk
(1) If the contract provides that, in the event of an aggravation of the risk insured the insurer shall be entitled to terminate the insurance, such right shall be exercised by written notice to the policyholder within one month of the time when the aggravation…
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Article 1843. Aggravation of Risk
(1) If the insurance contract contains a clause concerning aggravation of the risk insured, the clause shall be without effect unless the aggravation of risk in question is material and of a kind specified in the insurance contact. (2) If a clause concerning aggravation of…
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Article 1842. Clause on Precautionary Measures
(1) A precautionary measure means a clause in the insurance contract, whether or not described as a condition precedent to the liability of the insurer, requiring the policyholder or the insured, before the insured event occurs, to perform or not to perform certain acts. (2)…
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Article 1841. Additional Information
Articles 1838-1840 shall also apply to any information supplied by a policyholder at the time of concluding the contract in addition to that required by Article 1837.
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Article 1840. Fraudulent Breach
(1) The provisions of Articles 1838 and 1839 are without prejudice to the right of the insurer to seek nullity for fraud (dolus) of the insurance contract. In this case, the prescription period is 3 months after the fraud becomes known to the insurer. (2)…
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Article 1839. Exclusion of liability for breach of duty of disclosure
The sanctions provided for in Article 1838 shall not apply in respect of: a) a question which was unanswered, or information supplied which was obviously incomplete or incorrect; b) information which should have been disclosed or information inaccurately supplied, which was not material to a…
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Article 1838. Breach of the duty of disclosure
(1) When the policyholder is in breach of Article 1837, the insurer shall be entitled to propose a reasonable variation of the contract or to terminate the insurance. To this end the insurer shall give written notice of its intention, accompanied by information on the…