چكيده لاتين :
In Iranian Law, it is always said that according to the Insurance Act 1316, the insurer would not stand liable for any indemnity during the period the premiums were not paid and, it is also said that this is a straightforward interpretation based upon the assertions of the article 1 of the Insurance Act. However, there are concrete justifications establishing a true consensual nature for the insurance contract; i.e. we can say: the insurer would stand liable for the indemnity immediately after the occurrence of the offer and acceptance, even before the actual payment of the consideration (premiums) takes place. This situation brings the insurers with the risk of an unfair contract; i.e. being liable for the indemnity in consideration of which no payment was made. But, a diligent insurer should control the risk through incorporating the premium suspension clause, or simply by non-delivery of the policy or the slip till the actual payment of the premium.
