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    Commercial Law Notification Obligation

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    aulia najmi
    According to Article 246 of Indonesia's Commercial Code, insurers are obligated to provide compensation to insured parties. Article 251 then establishes the insured's obligation to truthfully disclose information about the insured object. If the insured does not fulfill this notification requirement, the insurance agreement can be considered null and void per Article 251, meaning the agreement is considered to never have existed. In marine insurance agreements specifically, expedition parties also play a role in determining shipping details, and problems can arise if they change initial information without informing the insured, preventing the insured from meeting their Article 251 notification obligations.

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    Commercial Law Notification Obligation

    Uploaded by

    aulia najmi
    13 views2 pages
    According to Article 246 of Indonesia's Commercial Code, insurers are obligated to provide compensation to insured parties. Article 251 then establishes the insured's obligation to truthfully disclose information about the insured object. If the insured does not fulfill this notification requirement, the insurance agreement can be considered null and void per Article 251, meaning the agreement is considered to never have existed. In marine insurance agreements specifically, expedition parties also play a role in determining shipping details, and problems can arise if they change initial information without informing the insured, preventing the insured from meeting their Article 251 notification obligations.

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    According to Article 246 of Indonesia's Commercial Code, insurers are obligated to provide compensation to insured parties. Article 251 then establishes the insured's obligation to truthfully disclose information about the insured object. If the insured does not fulfill this notification requirement, the insurance agreement can be considered null and void per Article 251, meaning the agreement is considered to never have existed. In marine insurance agreements specifically, expedition parties also play a role in determining shipping details, and problems can arise if they change initial information without informing the insured, preventing the insured from meeting their Article 251 notification obligations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    13 views2 pages

    Commercial Law Notification Obligation

    Uploaded by

    aulia najmi
    According to Article 246 of Indonesia's Commercial Code, insurers are obligated to provide compensation to insured parties. Article 251 then establishes the insured's obligation to truthfully disclose information about the insured object. If the insured does not fulfill this notification requirement, the insurance agreement can be considered null and void per Article 251, meaning the agreement is considered to never have existed. In marine insurance agreements specifically, expedition parties also play a role in determining shipping details, and problems can arise if they change initial information without informing the insured, preventing the insured from meeting their Article 251 notification obligations.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
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    Commercial Law

    Notification Obligation

    Name : Aulia Putri Najmi

    Class : KI

    Faculty of Law

    University of Mataram

    2022/2023
    Notification Obligation Shall Be Null and Void or Cancelled

    Based on Article 246 of Commercial Code (KUHD) which obliges the


    insurer to provide compensation to the insured parties, so the existence of the
    obligation of the insured, to tell the truth about the insured object as outlined in
    Article 251 of KUHD. In factArticle 251 of the Commercial Code is one of the
    legal requirements for an insurance agreement other than what is stipulated in
    Article 1320 of the Civil Code. The notification requirement in Article 251 of
    the Commercial Code has a specificity which if not implemented by the Insured
    will result in the cancellation of the insurance agreement. The cancellation in
    Article 251 of the Commercial Code is null and void, meaning that the
    agreement or engagement is considered to have never existed from the start. In
    the marine insurance agreement, it is not only related to the Insurer and the
    Insured, but there is also an expedition party who participates in determining
    the departure date and finding a ship that will transport the goods insured to the
    Insurer. A problem arises when the expedition party makes changes to the
    initial information without starting with the Insured, so that the Insured cannot
    carry out its obligations in Article 251 of the Commercial Code.

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