The insurance contract is a formalist contract that is strictly supervised by the legislator. Its formation (conclusion) and execution are part of the Insurance Code insofar as it is a contract of membership drawn up in full by the insurer itself.
The conclusion of the contract is therefore formalized by the Insurance Code.
Article L. 112 – 3 of the Insurance Code provides in its paragraph 1 :
“The insurance contract and the information transmitted by the insurer to the subscriber referred to in this code shall be drawn up in writing, in French, in apparent character”.
In a judgment of 17 March 2011, the Court of Cassation, after recalling the content of article L. 112-3 of the insurance code, affirms that ” if the insurance contract constitutes a perfect consensual contract as soon as the wishes of the insurer and the insured meet, its proof is subject to the drafting of a written document “.