النظام القانوني للتأمين من المسؤولية المدنية

الموضوعات

قانون

الملخص

The legal insurance system represents the axis of liability that revolve around him all the topicsdiscussed and analyzed in this Graduation memorandum, given that at present the insurance contractsare important than any other types insurance equalized, especially because of the intervention of thelegislature in imposing them in many areas, and seeking to adopt regulations and laws dominated byprotectionism to protect unaffected.We studied the general framework for insurance contracts, by its conceptualization whilefollowing its creation process until it becomes a stand-alone, explaining the difference between himand other systems like him as the obligation for the benefit of others and disclaimer, by showing itslegal nature and its advantage over other insurance contracts that have given him unique specialprovisions, As we showed the field and scope of this type of contract, Both in terms of securableliability or errors covered by the warranty, and the damage that can be compensated through thesecontracts, not to mention the determination of the scope in terms of people.For this study we tried to give an image to the practical applications of these contracts through theimages of liability insurance that take two faces: one is closely related to one of the other classes ofinsurance contract as a warranty is included in the contract that interferes with it, either as anindependent contract exchange separate special deposit of the other branches of civil liabilityinsurance. We showed these two sides by several examples chosen following two principles: firsttaking into account the liability insurance propagated by the legislator in Articles 163 to 178 of the lawof 07/95. The second taking into account the contracts traded in the practical life.Also we find the evolution of relations between the insurer and the insured on the impact of thecivil liability insurance policy, where we tried to deepen us in this asymmetrical relationship byshowing the effort both legislative and judiciary to protect the weak in this contractual relationshippartyexpected that the insurance contract is a contract of adhesion, at first when the legislature still wantto maintain the balance between the contracting parties, which led to the insured in accordance withthe essential requirements and awarded rights to the insurer to enable the realization of securityoutside the collusion and within equity, which was approved by the legal power and through itscontinuous efforts.extends given that the ultimate objective of the interventions of both the legislation, Fiqh and legalable to strengthen the center of the insured at the contractual relationship between him and the insureror the protection of rights of the parties damaged,this right, linked to the rights of the insured, which is derived from the insurance contract, it wasworthy we deepen in search of the first signs until his consecration as a special right to undamaged andno other, while switching between features of this law and judicial attempts to adapt it to traditionaltheories, and what emerged from recent theories, to come in final practice this operation throughresearch in terms of continuing its direct action practice and demonstrate the impact of the impartialityof defenses arising after the accident, to be held insured against insurer to facilitate compensation ofdamage.Insurance, liability

روابط وملفات

التعريف والنوع

رقم الوثيقة

f571672f-bf3f-4933-84c0-9e881d6d91ac

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل دكتوراة

نوع الملف

pdf text

أسماء الملفات

797603_1.pdf

بيانات النشر

ألقاب المؤلفين

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اللغة

Arabic

المصدر والدورية

اسم المصدر

النظام القانوني للتأمين من المسؤولية المدنية

المحتوى والصفحات

عدد الصفحات

0

إشراف وإعداد

الإشراف

السعيد بوعناقة

الإعداد

كريمة بلدي

الاقتباسات الببليوغرافية