Abstract
DEVELOPMENT OF INSURANCE LAW IN OTTOMAN EMPIRE
An insurance contract, a prepaid premium contract, a person's or a person's ability to recover from any direction in the future is done in order to eliminate the damage. For this reason, it has reached to private insurance during the process of social assistance. With the development of trade, the process accelerated and the first insurance derivatives for marine accidents emerged. Life insurance and fire insurance were followed by marine insurance. Uninsured organizations existed in the Ottoman Empire. Concepts such as “ahilik” and “derbendlik” have been protecting the passengers or members from the risks. However, starting from the 19th century, the insurance sector, which was modern, began to be seen as focused. As in Europe, the first insurance of the Ottoman Empire was marine transportation insurance. Fatwas related to marine insurance resulted in most of this type of insurance being preferred by non-Muslim subjects. Fire insurance became widespread after the 1870 Grand Beyoğlu fire. The sheikh's appeal to fire insurance is an important factor in the spread of this type of insurance. It is possible to reach the opposite conclusion for life insurance. Life insurance is granted by fukahâ.
The development of insurance in the Ottoman Empire coincided with a period when the state was relatively weak. In particular, the insurance activities, which were formed in the hands of foreign capital, remained out of control for a long time. Kanunname-i Ticaret entered into force in 1850 and then the Kanunname-i Hümayun-ı Ticaret-i Bahriye dated 1863 entered into force and was allocated to the 11th chapter of marine accidents and marine insurance to be made against them. The first law on the auditing of insurance companies, dated 1914, the Ecnebi Anonim Sermayesi ve Eshama Münkasim Şirketler ile Ecnebi Sigorta Şirketleri Hakkında Kanunu-ı Muvakkat, entered into force.
In this study, the development of insurance and its introduction to Ottoman law will be discussed. In this study, the reasons of the concept of insurance entering the Ottoman Empire late and failing to develop will be examined.
Keywords
Insurance Law, Sea Trade, Life Insurance, Fire Insurance, Ottoman Empire
