ييييييييييييييي

Basic principles in the insurance contract

- The principle of insurance interest

Insurable Interest

The principle of interest convenient Insurance is one of the basic principles in the insurance and interest convenient Insurance an important element of shop insurance and a president of the elements that need to be available at all secure. Every insurance need to be supported by interest convenient Insurance, which has to be available when all the terms of the danger that is not Investigator falling and is not related to their own free will of one of the parties to the contract and project Aakhalv public order or public morals., and is among the student insurance who becomes a believer in him after the conclusion of the insurance contract. This risk relationship material recognized the legitimacy of law, so that the insured benefit not to the occurrence of danger and hurt occurrence. In other words, that the insured has an interest in the non-occurrence of the risk insured him and for the interest of the security of this danger, the there are no such delirious interest are as clear material interest financial (PECUNIARY Interest) The money the insurance contract turn to gamble or bet. every special agreement بمقامرة or bet is an agreement legally invalid as required by paragraph (1) of Article 975 of the Civil Code, the text of Article (1 - located void all special agreement بمقامرة or bet .2 - and those who lost the gamble or bet that recovers Madfh within one year from the time that led it Makhosrh if there is an agreement to the contrary. has to prove Maadah the by all legal means of proof.

- The principle of compensation Principle of Indemnity

That the insurance contract of compensation in most types except contracts life insurance contracts and insurance of personal accident and eliminates the principle of compensation put the insured after a loss in the same position as it was before they occur Alma Security insured for less than real value for money of the insured at the time of danger It gets the compensation is not complete. has provided legal materials on such compensatory for insurance contracts mentioned is that Article 989 of the Civil Code, which ruled (the commitment of the insurer to compensate the beneficiary for damage emerging from the occurrence of the risk insured on Alaijaoz the value of insurance) and Article (1) Law (companies) Warranty (Sigorta 1905) (original Ottoman ruled that the warranty is a pledge compensation for a certain fee for the loss and destruction that happens to money movable and immovable property of the perils and dangers of any kind)

Article (175) of the Trade Act Marine 1863 (Ottoman origin), which ruled that the contract of guarantee (Qontarato Sigorta) is a contract freely include pledge to give modulated completely to content him in the treatment of warranty which takes the guarantor of the amount of Daúat and damage can occur due to Vice freely on things يحترز from that encounter the risk of sea travel.

- The principle of subsidiarity Principle of subrogation

Ramifications for the principle of compensation is an important principle is the principle of subsidiarity in the rights or the so-called right solutions and provided for by the law and material means the right insurance company to refer to non-active or damage caused by the insured risk if it has been signed by others or بتسببه.

- The principle of participation Principle of contribution

Subscribe or so-called also contribute to the principle of Mstrt implicit in insurance contracts compensatory He is serving as (if there is an insurance contract redemptive another or insurance contracts compensatory another covering the same interest convenient Insurance and something insured and one of the same risk or hazard and be insurance contracts at one level for a period of one insurance and Several believers, the compensation Insured j

This and the following three points to noteworthy in the process of principle Aalastrak:

1 - The subscription applies only compensatory insurance contracts. Intended to prevent the insured amounts are met exceeded the amount of loss. Subscribe to ايطبق on insurance contracts that are not offset contracts such as life insurance contracts and contracts for personal accident insurance.

2 - to participate principle Mstrt the implicit in all countervailing insurance contracts and it is applied if it is stipulated in the written document.

3 - The insurance policies follows involved in contributing should cover () the same interest insurance. () The same thing insured. () The same risk or hazard. () Are contracts in a single level. () Are for securing one () of several believers.

The goodwill is a recipe for crisis every decade of contracts in Latin. Aln this trait is more to Zuma in the insurance contract in view of its nature. And that's where the insurer does not know from anything about the thing or person required insured and the extent of target risk. This hand On the other hand It assumes that the insured mostly irrelevant aware of the technical assets and insurance to the insured that Eddleh honestly on the type of insurance which will benefit him and reimburse his need and conducted by him honestly, without exploitation or injustice and it required the insurance contract is the strongest characteristic goodwill finite.

- The principle of the direct cause of Principle of Proximate cause

Some call the principle of proximate cause where under the law unless eliminated, otherwise the policyholder, the insured is responsible for any loss be caused by a direct threat believer against him. الاانه and under the tower will not be responsible for any loss to ICON caused direct risk insured against.

Badi Ahmed Saifi

Wasia in the insurance and reinsurance c 1