Law / LL.D. / The contract of insurance is one of the more frequently concluded commercial contracts. The premium which is undertaken in terms of an insurance contract is one of the essential features of the insurance contract. Notwithstanding the obvious importance of the role of the premium and the legal aspects surrounding it, it has in the past often received but scant treatment in insurance-law materials. In this thesis it is shown that there exist a number of aspects regarding the premium which are unclear and in need of careful scrutiny. In the case of certain other aspects (regarding the premium), although there is certainty as to their contents it is necessary to identify and (re-)define their place in the broader scheme of the insurance law.
The study commences with an investigation into the historical development of the concepts of
"insurance" and "premium". This is followed by a study of the relevant principles of Roman-Dutch
law. A comparative study is made of the law in a number of countries, namely, the Netherlands,
Belgium, England and Australia. The position in South African law is also considered. An
introductory study is made regarding those concepts in South African indigenous law which are
insurance-like.
Finally, a number of conclusions are drawn and recommendations are made in respect of a selection
of aspects regarding the premium which are unclear. These aspects concern the nature of the
premium; the question whether "premiumless" or "free" insurance is legally possible; the question
whether the parties may agree to insure at a "reasonable premium"; the protection of the insured in
the case of the non payment of the premium; the receipt of the premium by the broker; the return
of the premium where the insured has acted fraudulently; the legal tenability of the practice of
insuring the premium; the possibility that the contribution in terms of some concepts of our
indigenous law may resemble the premium; and finally, the analogous method as a source of law to
extend and broaden the pool of legal principles applicable to the insurance contract.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/17697 |
| Date | 06 1900 |
| Creators | Schulze, W. G. (Wilhelm Georg) |
| Contributors | Van Niekerk, J. P. |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Format | 1 online resource (xix, 485 leaves) |
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