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Insurable interest in South African insurance law : anachronism or essential requirement
Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024.
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University of Pretoria
2024
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| _version_ | 1867613727338004480 |
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| access_status_str | Open Access |
| author2 | Grové, Nicholaas Johannes Jr |
| author_browse | Grové, Nicholaas Johannes Jr |
| author_facet | Grové, Nicholaas Johannes Jr |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/96891 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:40:44.617Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/96891 Insurable interest in South African insurance law : anachronism or essential requirement Grové, Nicholaas Johannes Jr mroos010@gmail.com Roos, Micaela UCTD Insurance Contracts Non-indemnity Indemnity Insurable interest English law Sustainable development goals (SDGs) SDG-08: Decent work and economic growth Law theses SDG-08 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024. This research comprises an analytical analysis of insurable interest doctrine, exploring its scope and application within indemnity insurance contracts. The statutory definition of insurable interest is explored while investigating its historical usage. The study examined how this doctrine should be applied in the present day, considering the economic state in South Africa. Even though South African insurance law and its principles originate from the Roman-Dutch insurance law and mainly concerned itself with corporeal property, it is English insurance law and its application of insurable interest, that have been consistently applied over the years and have prevailed over the common law-derived principle of insurable interest. Despite its significance, uncertainty remains regarding its application today. The central question revolves around whether insurable interest should remain an essential requirement in indemnity insurance contracts or be considered an anachronism. A comparative analysis is conducted among the scope, application, and statutory definition of insurable interest in South African law and its English counterpart. This study aimed to establish a clear and beneficial statutory definition, scope, and application of the insurable interest doctrine, aligning with the South African legal framework and benefitting insured parties and insurers in indemnity insurance contracts. Mercantile Law LLM (Mercantile Law) Restricted Faculty of Laws 2024-07-10T08:42:47Z 2024-07-10T08:42:47Z 2024-09-06 2024-04-30 Dissertation * S2024 http://hdl.handle.net/2263/96891 * © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Insurance Contracts Non-indemnity Indemnity Insurable interest English law Sustainable development goals (SDGs) SDG-08: Decent work and economic growth Law theses SDG-08 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Insurable interest in South African insurance law : anachronism or essential requirement |
| title | Insurable interest in South African insurance law : anachronism or essential requirement |
| title_full | Insurable interest in South African insurance law : anachronism or essential requirement |
| title_fullStr | Insurable interest in South African insurance law : anachronism or essential requirement |
| title_full_unstemmed | Insurable interest in South African insurance law : anachronism or essential requirement |
| title_short | Insurable interest in South African insurance law : anachronism or essential requirement |
| title_sort | insurable interest in south african insurance law anachronism or essential requirement |
| topic | UCTD Insurance Contracts Non-indemnity Indemnity Insurable interest English law Sustainable development goals (SDGs) SDG-08: Decent work and economic growth Law theses SDG-08 SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/96891 |