Legal aspects of the insurance premium

Schulze, W. G. (Wilhelm Georg)

dc.contributor.advisor	Van Niekerk, J. P.
dc.contributor.author	Schulze, W. G. (Wilhelm Georg)	en
dc.date.accessioned	2015-01-23T04:24:13Z
dc.date.available	2015-01-23T04:24:13Z
dc.date.issued	1996-06	en
dc.identifier.citation	Schulze, W. G. (Wilhelm Georg) (1996) Legal aspects of the insurance premium, University of South Africa, Pretoria, <http://hdl.handle.net/10500/17697>	en
dc.identifier.uri	http://hdl.handle.net/10500/17697
dc.format.extent	1 online resource (xix, 485 leaves)	en
dc.subject	Insurance
dc.subject	Insurance contract
dc.subject	Premium
dc.subject	Payment of premium
dc.subject	Reasonable premium
dc.subject	Non-payment of premium
dc.subject	Role of brokers in payment of premium
dc.subject	Return of premium
dc.subject	Forfeiture of premium
dc.subject	Insurance of premium
dc.subject	Burial society
dc.subject	Stokvel
dc.subject.ddc	346.86	en
dc.subject.lcsh	Insurance law	en
dc.subject.lcsh	Insurance premiums	en
dc.subject.lcsh	Liability insurance -- Premiums	en
dc.subject.lcsh	Insurance policies	en
dc.title	Legal aspects of the insurance premium	en
dc.description.department	Law
dc.description.degree	LL.D.	en
dc.description.degree	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.