تـربـقـافـة

Insurance is based on the idea of dispersing the financial implications if the risk insured him the greatest number of people (the believer them) rather than be borne by someone in the absence of insurance. 

In light of this it is clear that insurance achieves a degree of cooperation and social solidarity among community members insured and others, believer them contribute with each other to ease the effects of check risk, and is insured lifted from them the burden of transformation who have suffered at risk to a burden on them, and if One of them was already damaged if the risk insured him it ensures access to the right to compensation, particularly in liability insurance with the injured had beneficiaries.

Different opinion in Islamic jurisprudence in modern times on the legality of the commercial insurance and for the following reasons: 

1 - the  Doctrines assets free of provisions regulating insurance because of its novelty. 

2 -  Intentional commercial insurance inspired violating the principles of Islamic Sharia . 

3 - foreign domination of commercial insurance, the first in his image, in terms of upbringing and those who support it.

4 -   To look at the risks to it, such as fate and destiny and duty to extradite him . With this delivery does not conflict with the treatment of adverse effects to achieve, but more so that this treatment is in itself recognition. 

5 - to resort to giving priority to the prevention of (exception) that it is permitted (the parent) in transactions. 

6 - insurance for the benefit of the limbs in particular and society in general. 

In light of that cracked the d Parted opinion to three directions - the mismatch that it was not the legality and that the legitimate and that the legality of certain types of insurance and the illegality of others.

Insurance are creating a legal relationship on technical grounds and that Multiple images in a manner flattens to cover a variety of areas qualify to do great jobs, whether in the interest of the parties in this relationship, or was in the public interest in the community .

However, the image above is evolving insurance and that spawned the controversy around it since its inception, which led to some modifications improved his image .

However, the insurance, as a novel system, subjected to severe criticism from his opponents, some of whom see it as it involves a violation of the legal provisions and others See it as a violation of the ethics rules.

Insurance on multiple things depending on the type of risk insured him, it may be insurance of damage to crops or livestock deaths may be against theft or waste, etc. The most important of these species and the most is fire insurance. 

And the risk of fire hazards most prevalent and exposed to all living beings and non-living (things), if he suffered insured person entered the scope of insurance to persons (injury or death) and if he suffered money insured income in the insurance industry on things.And fire insurance, as a contract, he or she requires that you have all the ingredients to make contracts, holiday and conditions particularly already dealt with the statement in the insurance contract would generally .

The insurer guarantees all the damage caused by the fire and suffered thing insured the risk of fire [Article (766) civilian ([1])] and fall within the scope of this warranty fire caused by the fault of the Insured or fortuitous event or force majeure . And enters - Also - In this range damages arising from errors of people who ask them insured whatever degree and extent of these errors [Article (769) civilian([2]) and ensures - Also - Insured damage caused by fire, even if arising from a defect in the same thing insured [Article (767) civilian ([3]). 

   And includes ensuring that the insured damages that are the inevitable result to check the risk of fire if the fire had not spread to it but arose from the work required to steamroll [Article (766) civilian ([4])] 

And out of the scope of ensuring insured losses and damage caused by the insured deliberately or fraud, even if it had been agreed that [Article (768) civilian ([5])] . 

([1]) Article (766) as a civilian "in fire insurance, the insured shall be responsible for all damages arising from the fire, or the beginning of a fire can become a full fire, or fire risk can be achieved." 

Article (933) of the Jordanian Civil Code states that "the insured shall be responsible in the fire insurance:

1 - For damages arising from the fire if it is caused with earthquakes, lightning, tornadoes, wind, hurricanes and home explosions and unrest caused by the fall of the aircraft and other marine vessels or whatever is the norm inside the coverage of this type of insurance. 

2 - For damages that are the inevitable result of the fire. 

3 -  For damage to the insured because of things means taken to save or to prevent the fire from spreading. 

4 - for the loss of the things insured or disappeared during the fire unless it is proved that this was the result of theft." 

   Article (1037) of the UAE Civil Transactions Law on similar text    Jordanian text.  

([2]) Article (769) as a civilian, "asks the insured for the damage caused by the people who insured shall be responsible for them, no matter what type and extent of their mistake." 

Article (1040) of the UAE Civil Transactions Law that "The insured shall be responsible for fire damage caused by the Continued Insured Whatever type error".  

Article (935) of the Jordanian Civil Code text that is similar to the UAE text. 

([3]) Article (767) as a civilian "ensures insured damage caused by fire, even if this fire originated from a defect in the thing insured." 

Article (936) of the Jordanian Civil Code states that "the insured shall be responsible for damages caused by fire, even if this fire originated from a defect in the thing insured." 

Article (1041) of the UAE Civil Transactions Law on similar text to the Jordanian text.  

([4]) The second paragraph of Article (766) Civil law that "not only commitment (insured) to damage caused directly by fire, but also the damage that are the inevitable result of this, especially those attached to things insured damage due to take the means of rescue or to prevent any spillover of fire ". 

([5]) Article (768) civilians as "1 - the insured shall be responsible for damages arising from the error unintentional insured, as well as be responsible for damages resulting from a sudden accident or force majeure. 2 - As the losses and damage caused by the insured deliberately or fraud, it is not insured are responsible for it, even if it was agreed on that. "                                                           

Article (1038) of the UAE Civil Transactions Law that "the insured shall be responsible for fire damage, which occurs due to an error insured or beneficiary."  

Article (1039) of the UAE Civil Transactions Law that "the insured shall not be liable for damage caused by the insured or the beneficiary intentionally or not cheating if otherwise agreed." 

Article (934) of the Jordanian Civil Code the text similar to that of UAE law.

If insurance people respect of a person insured; insurance of damages in respect of the financial disclosure to the insured and not in person. 

Insurance be allocated from working on repairing the damage wrought check rags insured risk than in the positive side of edema as financial insurance in things against theft, fire or damage ...... Etc. . It also works on removing the specter of increased downside to this disclosure due to check this menace as in liability insurance .

Insurance is characterized by damage to several persons insurance properties of delusional: compensatory capacity and interest in insurance. This character is the main principle in the first insurance as the lack of it is also for securing the latter. 

The amount of insurance in insurance from the damage is of a compensatory and estimated the extent of damage to the insured as a result of check insured risk it . In the sense that the insurer is committed to fulfilling this amount when damage occurs and is discharged from this meet when lack thereof [Article (751) civilian ([1]). 

 No sin that entails compensatory adhesion capacity of insurance damage some of the results: 

- Incompatibility between more than a deposit or a combination of the amount of insurance and compensation when he first sufficient to redress the insured damage to his right because if the risk insured him. 

- The replacement of the insured insured claim of others, which is responsible for verification insured risk it, compensation. 

- Lack of commitment to the insured - In the case of multiple believers - But a stake in the amount of insurance received by the insured because if the risk insured him. 

 The interest in the insurance intended legitimate economic interest in not verify the insured risk it, that is, each of the parties to such insurance in the interest not check this menace   [Article (749) civilian([2]). 

([1]) Article (751) that he "does not abide by the insured in only compensate the insured for the damage resulting from the occurrence of the insured risk him to, but not exceeding the value of the insurance 

([2]) Article (749) Civil law that "the object of securing all legitimate economic interest dating back to the person of the non-occurrence of a particular risk.

Believer in the damage insurance is committed to meeting the insured, when the risk of the insured him, the lowest values ​​(the amount of insurance or the amount of damage).

Is that it occurs - In practice - that the amount of insurance is less than the value of the thing insured and knows undervaluation If insurance resulted if the risk insured him to the loss of some of this and not the whole thing. For example, if the value of the house (40,000 pounds) and was the agreed amount of insurance (30,000 pounds) and estimated the damage caused by the check fire risk $ (20,000 pounds). In light of this example you receive insured covers damage (20,000 pounds)?, Or receive a percentage of the equalizer with the value of the thing and the amount of insurance?.

The answer - With the realization of the comparative base - We find that the insured will receive a fully covers the damage, although it did not exceed the agreed amount of insurance, but earns the equivalent of the house was burned with the entire value of the home unless otherwise agreed ( [1] ) The following manner:

Compensation paid by the insurer to the insured =

Amount of damage x amount ÷ value of the home insurance

20000 × 30000 ÷ 40000 = 15000 pounds.

However, the insured can avoid the application of the principle of proportionality when danger, of which at least the amount of damage for the insured value of the thing and the amount of insurance agreed, that in line with the insurer not to apply this principle to the insurance relationship .

([1])   The second paragraph of Article (1100) of the preliminary draft of the Civil Code provides that "2 - If the amount of insurance is less than the value of the thing real day of the fire, was to be paid from the amount of insurance is the equivalent ratio between this amount and the value of the thing insured time of the incident Unless otherwise agreed "(set preparations for the law semen, vol 5, p 388).

The agreement defines the insurer's obligation to pay the amount of insurance to the insured . For example, if the person agreed with the insurer on insurance on his house against fire amount (30000 pounds) and verify the insured risk him not be able to insured claim insured only to the extent that the amount specified agreement in the insurance contract, even if the value of the damage caused to the house later this amount, provided they do not exceed the amount of damage caused if the risk insured him.

However, specifically the Convention for the amount of insurance is not the only factor, but contribute with other factors in determining this amount, as the principle of compensation and the principle of proportionality.

This type of insurance is the one who will be replaced by funds insured and not the person (such as insurance on things and liability insurance). And is characterized by damage insurance that with a compensatory recipe, therefore, the amount of insurance that the insured commits to fulfill the insured is determined by the lowest values ​​(the amount of damage and the amount of insurance), and contribute to the determined three factors:

* Agreement.

* The principle of compensation.

* Relative base.

There is no doubt that insurance be cooperative everyone of Where persons insured and insured at the same time, as the K L Them is threatened by the potential danger which agreed to provide each other than for exchange . If if the risk for someone he was insured and the rest of the group is locked.

Accordingly personally characterized insured are insured themselves, do not assume an independent cooperative insurance for them as is the case in commercial insurance.

Co-operative Insurance play point is not to make a profit of between purposes, whether in the form of a cooperative managed By the Board of Directors shall not receive members only reward secretary of the Assembly, which gives part of his time to this work, or be in the form of a cooperative company with variable capital, where accept increases and decreases. Increases are accepting new partners or increased quotas existing partners and shortages be the withdrawal of one of the partners or retrieves partners for a fraction of what they paid in the form of quotas ([1]).

([1] D) / Nasser Al-Attar, the rule of Islamic insurance - Search threw the first Islamic World Conference of the economy in Mecca - p 8, Publisher Egyptian Renaissance Library, Cairo, no date.

Practice in the insurance market resulted in some drawer insured conditions that guaranteed insurance contract. As the nature of acquiescence in this decade shift between the insured and the discussion. The legislator deliberately when the provisions of this contract to the text on the void for violating public order. Because such conditions all states fall right of the insured in the amount of insurance [Article (750) civilian ([1])] and these conditions are: 

1- Terms fall right of the insured in the amount of insurance the following reasons:

 · Insured violation of laws and regulations unless the offense involved a felony or a misdemeanor [Article (750/1) civilian].

· Insured's delay in Declaration public authorities occurrence of the accident insured him or to provide documents only if it is found that the delay was acceptable excuse [Article (750/2) Civil law]. 

2 - conditions that received the document and are not clear [Article (750/3-4) Civil law follows: 

* Each condition is apparent and leads to nullity or forfeiture. 

* Arbitration clause, which does not exist in the form of a special agreement separate from the general conditions contained in document . 

3 - All other arbitrary condition indicated that it was not for violating the impact if the risk insured him in [Article (750/5) Civil law] . 

([1]) Article (750) civilians as "null and void as contained in the insurance policy of the following conditions are met: 

1) The requirement fall right insurance due to violation of laws and regulations. But if the offense involved the intentional felony or misdemeanor. 

2) The requirement insured loses the right because of the delay in the announcement accident insured him to the authorities or to provide documents if the circumstances show that the delay was acceptable excuse. 

3) Each condition printed manifestly did not emerge and it was linked to the situation of the conditions that lead to the nullity or forfeiture.                                     

4) Arbitration clause if contained in the document between the general conditions printed in the form of a special agreement separate from the general conditions. 

5) All other arbitrary condition indicated that it was not for violating the impact of the accident Insured it. "   This text corresponds to the text of Article (924) of the Jordanian Civil Code; text   Article (480) of the Sudanese Civil Transactions Act; article text (1028) of the Civil Transactions Act of the United Arab Emirates.

Believer may, when expired (10 days) from the date of cessation of any lapse full forty days from the date of excuses, judicial claim the ophthalmic and obtain an implementation rule obliging the insured to pay the premium and expenses and compensation if he has appropriate.

The insured may - Also - To request the dissolution of the contract when that period elapsed. And the consequent annulment demise of the insurance contract faculty from the date of dispatch of the book recommended it to the insured on the last home undeclared ([1]) Or filing a lawsuit By annulment ([2]).

( [1] ) Paragraph {3} Article (1074) of the preliminary draft of the Civil Law, which was inscribed on the legislative committee under the number (798), that"

3 - If not for excuses result discontinued contract insurance and then only after the expiration of twenty days from the time of dispatch of the book may be a believer after thirty days but require implementation contract before the courts and either Overruled book recommended it sends it to the student insurance (a group of preparations Mandi law, vol 5, p 349).

( [2] D) / Barham Mohamed Atallah, a reference (9), p 114.

The risk is required in order to be subject to the insurance contract, above being a potential and is turned off achieved by the sheer will of one of the parties to the contract, to be legitimate. That risk should not be insured it is contrary to public order and morality. The reason in that the danger is a subject of the insurance contract, which is subject to the provisions of the Civil Code, which requires to be lawful and only signed the contract null and void [Article (135) civilian ([1])]. Therefore legislature expressly required to be insured interest legitimate economic interest [Article (749) civilian ([2])].

In light of the above shows that it is not permissible insurance against the risk of financial claim a fine control of the person or government insurance criminal forfeiture. Because insurance against any of them contrary to the principle of personal criminal punishment.

Insurance may not be trafficking in narcotic substances or trafficking in human organs or insurance places of entertainment and gambling, prostitution and gambling against acts of control and inspection played by public authority The danger in these cases is a project and then not be insured and only signed the contract null and void for violating the locality of public order and public morals. 

([1]) Article (135) Civil law that "if the object of an obligation is contrary to public order or morality contract was null and void." 

([2]) Article (749) Civil law that "the object of securing all legitimate economic interest dating back to the person of the non-occurrence of a particular risk."

Must, over the fact that the potential danger, to be achieved is a commentator on sheer will of one of the parties to the insurance contract. Because it is incompatible with the idea of the possibility of danger . If achieved depends on the will of the insured, the element of probability negated, but confirmed the incident becomes for him danger checks of their own free will, has tempted the amount of insurance, if the beneficiary, to work on if the risk insured him.

If if the risk depends in the will of the believer, and this does not fall in the work, because it will endeavor not to check the danger, danger insured him - In this case - Becomes not achieved by asserting,

And then the insured will receive premiums without a corresponding ensure risk be subject to the insurance contract, because the lack of occurrence is uncertain. 

The danger to be achieved and not achieved purely depends on the will of one end inconsistent with the basic idea, underlying the insurance contract, a probabilistic . Then This contract is null and void for lack of one of its corners, shop .

However, it should be noted that the contract described invalidity when the will of the party is in the independent verification danger without the contribution of external factors (an act of nature or coincidence or the will of others) . If the role is contributed by the will to check the danger with the external factor secondary role, like someone believes in himself of responsibility civil damages that occur to others, if signed him wrong unintentionally led to the establishment of individual responsibility, Such does not invalidate the insurance contract because he though the will of the Insured role in the verification of the insured risk it except that the role was not accustomed to by law to contribute to external factors .

However, it should be noted the difference between the attached check risk to the sheer will of the Party and among the insured deliberately to achieve this risk for the amount of insurance . The former leads to the invalidity of the contract - as explained above - The latter consequent fall of the right amount of insurance, because the will of the insured is why if the risk, and not externally Such as accident factor and probability.

Distinction must be made, regarding the intentional error, between the situation that entail the invalidity of the insurance contract and the consequent fall of the right of the insured in the amount of insurance when the insured risk of it, and as follows:

First - Intentional error that invalidates the insurance contract or a conditions: if someone asks insured insurance intentional mistakes. These errors - Often - Constitute crimes for violating the provisions of the Criminal Code . If the error is intentional is a felony or a misdemeanor, and was insured came in the form of a clause in the contract (the policyholder)

This requirement invalidate [Article (750/1) civilian ([1]) and the rest of the insurance conditions remain productive for other effects, when the contract is capable of being indivisible . As if it is not so, the contract is void altogether [Article (143) civilian ([2])] . And invalidate - Also - If ensure such errors represents the shop, as a cornerstone in the contract, violation of public order. 

If intentional error that constitutes a violation of the insurance it may . If stated in the insurance policy requirement just fall right to violate laws and regulations . The insurance remains valid and invalidate this requirement to the rule of law [Article (750/1) civilian] ([4]) . 

Insurance may - Also - Of willful error, which is located from others - Whatever degree and extent - even if it is an affiliate of the insured [Article (769) civilian ([5])] . Because dependency relationship do not make a mistake's a mistake followed by the insured himself, each has independent will, but if the commission's willful error was at the instigation of the same insured . 

Second - Intentional error that falls right in the amount of insurance: if people believe against a hazard that may be insured . But he made ​​a mistake intentional led to verify the insured risk it . Such as insurance against fire house and sets fire to it or believes his life or the life of someone else and then commit suicide or kill this person . In these two cases and the like fall right of the insured to the amount of insurance and healed him edema insured . But it does not lead to the invalidity of the insurance contract, it remains the responsibility of the insured liability insured risk it . 

However, it should be noted that if the intentional error has occurred from insurance or student of the insured and the beneficiary of someone else's insurance from a third party . Such an error had no effect on the beneficiary's right (third parties) in the amount of insurance and the insured is discharged and must be fulfilled by him . This implicitly utilized of the provisions contained in articles (756-757) Madani] .For example, in the compulsory insurance of motor vehicle accidents remain an injured right directly in the face of the insured is protected by a lawsuit directly to claim compensation even if the insured has willfully causing this damage . 

It may also receive the insured amount of insurance the insured despite the intentional foul when he committed to the performance of the duty or the protection of the public interest, as if putting his life insured to die to save others from imminent danger Cgriq or fire Etc ... or he destroyed some portables insured to prevent the fire from spreading to others, like himself struggling to defend their homeland . 

No sin that Leaving error willful qualities - The above statement - The other error of any kind whatever degree, it may be the object of securing this decision [Article (768) civilian ([6])] . 

([1])   The first paragraph of Article (750) Madani that "null and void as contained in the insurance policy of the following conditions: 1 - the requirement fall right insurance due to violation of laws and regulations, but if they involved the violation of a felony or misdemeanor intentional."  

([2])   Article (143) Madani that "if the contract in the construction of it is void or capable of nullifying this part alone is invalidated, but if it is found that the contract would not have been without incision, which occurred void or capable of being revoked فيبطل contract whole."  

([4]) the Dubai Court of Cassation ruled on the appeal No. 108 of 1990 on Human - Session February 20, 1990 - Journal of the legislation and the judiciary, the first issue January 1992, p 177 (referred him d / Mustafa Mohammed beauty, a reference (36) margin (1), p 40) as "scheduled text item (a) of Article (1028) of the Civil Transactions Law No. 5 of 1985 - And what happened spend this Court - It null and void clause contained in the insurance policy and spent the fall of the right insurance for violating laws only if they involved the violation a felony or misdemeanor intentional, and if the condition which adheres to its insurance company الطاعنة the leadership respondent second car shop insurance too quickly without the use of his hands or It acts not brake is a felony or misdemeanor deliberate as long as the hard of securities that the driver did not mean to achieve its insured risk and deliberately killed injured resulting in the condition excluded from insurance is invalid no effect before the insured or the beneficiary of the insurance ...... .. " 

([5])   Article (769) as a civilian, "asks the insured for the damage caused by people who insured shall be responsible for them, no matter what type and extent ."                                                                   

Article (1040) of the UAE Civil Transactions Law that "the insured shall be responsible for fire damage caused by the insured followed him whatever kind ". 

The first paragraph of Article (924) Jordanian civilian as "1 - the requirement fall right insurance due to violation of laws unless the offense involved a felony or misdemeanor intentional." 

([6])   Article (768) Civil law that "1 - be insured responsible for damages arising from the error Insured unintentional., As well as be responsible for damages resulting from an accident or force majeure. 2 - The losses and damage caused by the insured deliberately or fraud, not be insured are responsible for it, even if it was agreed on that."

Required in the insured risk it, as a shop for insurance contract, be a possibility, any unrealized falling .Because the idea of probability is the core contracts probability that this contract. 

However, the danger is falling investigator on one of the two images are: 

First - Potential danger in terms of the fact it happens: that is, it is inevitable fall, such as insurance against fire or theft, liability or injuries, ordered the occurrence of this risk was doubtful located has not located. 

Second - Potential danger in terms of the time it takes place: this risk is not possible in terms of falling, but inevitably falling but the time it takes place is known. Such as life insurance,

The risk of death is inevitable falling but his time is unknown, Probability this risk in terms of time falling and not falling into the same because it is inevitable. 

However, it should be noted the difference between the probability of getting caught and did neither.Danger insured it should be possible, and at the same time should not be impossible, because it is the insurance contract, which should be possible if was impossible falling signed the contract null and void for the impossibility of misplaced [Article (132) civilian For example, if the security person on his car against all dangers, then show that this car had perished College before the conclusion of the contract, this contract shall be null and void for lack of shop . As the loss of the thing before it makes insurance if the risk impossible And eliminates shop And invalidate contract . 

The probability of the insured risk it requires that it has not already been achieved or still before the conclusion of the insurance contract, because the danger in both cases (verification and disappearing) is impossible, not probable . As if the security person at the home against fire and the home has already burned by insurance, in that it is the threat to the insured has already been achieved and is not likely to fall . As if security charger on the goods transported by road against the risks of the road and then showing that these goods actually arrived to the stores by the shipper before the conclusion of an insurance contract, and the arrival of the goods - In this case - means the impossibility of their exposure to the risk of the road will be insured because she actually arrived, and invalidate the contract regardless of the insured knew or did not know. 

The potential danger assume that it must be in the future, Incident which is located in the past can not be potentially but investigators.

This risk is classified under Uncategorized Humanities, which remains subject to the difference can be led around determine its significance and hear each owner thought to make its mark in this area . Therefore multiple doctrinal definitions of risk.

However, this diversity is that easy for us cast بدلونا in this area where risk can be defined as "is a possible future depends not achieved by the sheer will of one of the parties to the insurance contract.

However, it should be noted that the risk in the insurance special meaning may not agree with the linguistic meaning of the word "danger" not with the idiomatic meaning in law . Meaning for him had intended to adversity, such as fire and road accidents and deaths was intended to purchase Birth Such facts and marriage.

In our view, it should use the phrase (located insured) rather than words (insured risk it), any substitution of the word has replaced the word danger . Because the first word more indicative of the areas covered by insurance, as the field of coverage does not stop at the danger which represents only thin but became extends to the incident which is of such good times . Therefore be blunt reality more indicative of two things together (thin and thick).

The policyholder is the insurance contract is written, and thus are subject to the general principles in the interpretation of contracts, and what was the decade of adhesion contracts it may judge to modify the conditions or to exempt party submissive (Insured) [Article (149) civilian ([1]), And shall not be construed ambiguous phrases harmful when this party, whether a creditor or debtor [Article (151/1) civilian [2]]).

([1]) Article (149) Civil law that "if the contract accidentally compliance, and had it contains terms arbitrarily Jazz for the judge to modify these conditions or be relieved party submissive of them, and as required by justice, null and void any agreement to the contrary".

([2]) The second paragraph of Article (151) civilian "2 - however shall not be interpreted ambiguous phrases in adhesion contracts detrimental to the interests of party submissive".

Insured may be in need for a period of time to study the request of insurance (insurance positive student Baht) may provide for student insurance coverage during this interim period, if the insured decides to accept the insurance he must prepare his document delivered to the insured . However, the practice may reveal the need for an amendment in this document, And agreed upon by the parties of the contract by extension agreement called the policyholder.

This supplement can be defined as "The parties of the contract agreement (Insurer and the Insured) to amend the original insurance policy (insurance contract) and appends".

In light of this definition can be seen that it requires the extension of the insurance policy the following conditions: 

1 - To be the original insurance policy existed and the list: If there is no document originally existed, but elapsed before agreeing to modify not be in the process of a supplement to the insurance policy, but we are about to agree on being in insurance would foregoing provisions . However, it is not required to be the original document window, may agree to add an extension to a document suspended and takes its judgment shall be suspended like.

 2 - Annex additional amendment to the original document: Such agreement to increase the amount of insurance or the amount of the premium or over a period of insurance or validity of the document after it had been suspended... Etc..

Be conducted requirements agreement between the two parties: If amend some conditions of the original document to implement the rule of law and at the will of the insured individual without having to accept insured so there we are in the process of extension. For example, if a document is suspended due to the insured's delay in payment of the insurance premium, this document back to the entry into force as soon as the late payment, the rule of law without the need to accept from the insured.

Intended to add an extension to the insurance policy is an amendment to some of its clauses addition or deletion, and then the impact will be limited to these items without annoyance to other. And this amendment shall enter into force from the date unless agreed date . If there is a conflict between the terms that came In Annex and the conditions of the original document suggested first because subsequent copies of previous contradicting.

However, it should be noted that the Annex, which meets the conditions - The above statement -Becomes part of the original document and be together and one organic unit is a contract of insurance.

Risk is a key element in insurance, where there is no insurance originally only broadcast tranquility in the same insurer and shift the ghost verify that risk with him.

In addition, the insurance works on the transfer of the financial implications if the risk insured him to responsibility believer who bear followed and heal the rift caused in financial disclosure to the insured through premiums paid to the group insured, where to check this menace required believer to fulfill the amount of insurance to the insured.

Linked to other elements of insurance (premium and the amount of insurance) is closely danger, as follows to determine the quality of a value statement and estimate the amount of installment insurance.

Insurance policy as a permanent dress worn by the insurance contract after stripped of his clothes interim goal in a temporary coverage note, what is the mission for the insurance?. 

Previously stated that the insurance contract, the provisions of the Civil Code, Consensual contract and then held the writing requirement in the insurance policy will be to prove, not for the. Although the preliminary draft of this law ([1]) was required for the full contract to be signed on the insurance policy of the limbs (Insurer and the Insured). And self-evident that the requirement that requires that this document will be written, because the signature (signatures or fingerprint or seal) can only be written.

 The work was done in the insurance market should be writing to the insurance contract, whether in the form of temporary cover note (primary) or in the form of an insurance policy (final) . Writing then become necessary to convene and not just the proof, and what the document is the form in which it was hurt when an insurance contract, written be necessary for the holding of this contract and not just to prove.     

Although the writing requirement in the insurance policy, but it does not require a special form, any way realized by writing available, may be printed or written on a typewriter or by hand ... Etc. . 

([1])   Article (1048) of the preliminary draft of the Civil Code provides that "not be asked insurance alone binding to the insured nor the insured, are not contract unless signed Parties insurance policy was delivered this document to the insured" (a group of preparations for the civil law, c 5 , pp. 326, margin (3)).

If bit believer in positive Baht against him from student insurance accepted, it must prepare a document insurance and signed and forwarded to the insured, and therefore becomes a primary insurance, which memo coverage temporary contract final work was to come in the form of a document.

No sin that the signing of the insured on the document is not necessary, but if the final terms of the contract, because his signature already put on the insurance application which represents Categorical answer directed to the insured.

However, it must document contains basic data related parties such as name, home and the quality of the insured risk it and determine the amount of insurance and the amount of the premium.

Originally in the insurance contract - In accordance with the provisions of the Civil Code - that Consensual contract, but that does not preclude that the legislation provides or the parties agree poured in a mold a certain formality . This also goes out to this note that work is underway on it be written and signed by the insured for the benefit of his consent temporary coverage . The student satisfaction insurance has disclosed in the worse of him as insurance in the form of a request signed by and submitted to the insured.

However, there is no special form of interim memorandum, any paper written and signed by the insured is this note

Had Normal speech sent to student insurance benefits to accept the insurer to cover the risk insured him temporarily . And the entry into force of this coverage of recorded history on this note or on the date specified by the effect . And if the insured risk of him after that date and before the end of the coverage period the insurer shall pay the amount of insurance to the beneficiary. 

In light of this, prove the truth of what we went to the memorandum serves as a temporary coverage primary insurance contract the terminal reserves the right to dismissal in the case of non-delivery of student insurance contract document stating definitively to secure the insured of the insured risk it .Therefore should include this note the basic data required by the contract of insurance, particularly the quality of risk and the amount of insurance and the amount of the premium.

This note serves as a primary insurance contract arranges obligations on both ends ([1]), However it does not depart from the following two cases:

First: to accept the insurer to request insurance:

In this case the believer accepts the request of insurance demanded . However, be in need of some time to study the matter and prepare the policyholder and signed by the parties, provides insurance for student insurance coverage during the preparation of the final contract on insurance and by providing interim memorandum coverage.

Second: Do not decide on the request of insurance by the insured

In this case the insured has not reached the decision of acceptance or rejection of the request insurance, and access to it needs to be a period of time to study the insured risk it and the possibility of insurance permanently . As the large number of insured to the insurer achieved his great benefit, and rush to accept applications for insurance without careful study exposure to loss, so the insured shall be given to the same period of the study to be presented to a student insurance coverage during this period, if passed without delivery and insurance policy To request sack each other obligations.

([1]) The first paragraph of Article (1049) of the preliminary draft of the Civil Code provides that "1 - that the contract is, even before the delivery document, if it proves both parties in the Memorandum of temporary basic rules underlying this contract, and included this note obligations of both parties to the last ".   

Paragraph second and third substance (1049) of the preliminary draft of the Civil Code provides that "2 - however had learned from circumstances in which it is written note that the parties have not Intended only be a temporary agreeing with each retaining The right to reverse the final contract as long as the document had not been delivered to the insured. 3 - If you are not the intention of the parties from writing the note and clear, considered this note as a temporary directory to get hired permanently.

Not excited to talk about civil only if we are in the process of a legal act (individual contract or the will), where the conclusion of such an act requires a bicycle from the civil suit with the type of shop where, if acts of disposition shall be concluded with full legal capacity or to be the work of the Department required, but if the place of business administration, it is permissible for a minor and interdicted authorized in money management concluded.

And offering to talk about eligibility for the parties to the insurance contract - Insurer and the Insured - As follows:

- civil believer:

Believer, as a joint-stock company or association reciprocal insurance, there is no place to talk about eligibility for him when he had acquired legal personality and as long as the person who entered into the insurance contract with the insured is the legal representative of the legal person .

- Insured eligibility:

Not that the insurance contract Suite is one of the Department's work, and then it may be good for an adult thereafter concluded, may also minor or interdicted if authorized in the management of insurance funds contract .

The minor or unauthorized interdicted him in the administration, he does not have concluded and if concluded was capable of revocation of his interests, but if passed, guardian or passed upon reaching the age of majority or after being authorized to manage his money.

It may - Also - The parent and guardian and the agent and the public agency may enter into this contract, because these have direct management functions on behalf of the principal.

There may be mutual consent of the person who has the capacity to enter into the insurance contract, but his consent comes flawed one of the disadvantages of the will, and then applies would the provisions of the general theory of contract.

If signed knitter in error, fraud or coercion or exploitation, it - According to the general rules - Shall have the right to adhere to the request to invalidate the insurance contract . However, the self-insurance special independence provisions require the insured received commitments must be met and only subjected to legal penalty levied on the breach, such as the obligation to make all the data and the conditions that would give the insured the idea of a real and complete information about the insured risk it.

This request, although it contains the data you entered into on the basis of the insurance contract, but it has no binding force, it does not have insurance mandatory for students, even though he signed it, not to the insured.

For the believer, it can not be said that the printed form which his argument to the insurance wishing to be binding. This model is no longer such a positive, even said that the signing of the student insurance is acceptable to him. But regarded as the negotiations preceding the assertion in the affirmative, which comes from student insurance.

Accordingly, it would be for the believer to accept or reject the insurance request without any obligation upon a statement of the reasons for this rejection, or a declaration of student insurance.

For student insurance the insurance application with the query for the amount of the premium or any other data are not regarded as positive Baht, and even if it positively PATA not be binding on him .Because the work has been in the insurance market to provide insurance application not be regarded as positive binding.

Accordingly, it is permissible for the believer of his contract with the insurer, and may also refer Aijah Once that is done prior to the acceptance of the latter. But if this acceptance has been issued, it is not permissible to refer to the offer, because the insurance contract may be held when first came identical to the second .

Though the above is contrary to the general rule that provides for compulsory positive when select Mieda to accept or concluded this period of the circumstances or nature of the transaction [Article (93) civilian, but this conflict required self-insurance in particular has been the work of the insurance market the suspension fully to sign a contract and insurance policy at both ends, although consensual insurance contract but it is not enough to be held - In this case - offer and acceptance, but must sign a contract.

In appreciation should not be research in the general rules for determining the nature request insurance whether longer positively or binding acceptance or non-binding, whether included the essential elements of the contract or was not, but must look for it in terms of holding insurance and traditionally insurance in practice.

Insurance application may be considered from the outset positively prohibited person applying for insurance. The turn of the request for clarification of some information from the insured and up to relay positive Baht. If this request reaches this stage, that was inclusive of all the essential elements in the contract of insurance such as determining the amount of the premium insurance amount, duration, it was incumbent upon the believer that consideration and would take a decision accepted or rejected.

Since the preparation of the insurance policy and signed by the parties take some time, or the insured needs some time to decide conclusively in his acceptance of the request or reject insurance. In both cases, the student insurance (positive) without coverage of the danger threatening him during this period. So was working on

The possibility of an agreement between student insurance and insured to provide coverage in the period prior to the conclusion of insurance contract through the final memorandum temporary coverage. 

This note serves as a contract of insurance is required each party primary what is required of him by the other while retaining the right to dismissal if not delivered his document before the expiration of the deadline imposed ([1]).

([1]) Article (1049) of the preliminary draft of the Civil Code was stipulates that "1 - that the contract is, even before the delivery document, if it proves both parties in the Memorandum of temporary basic rules underlying this contract, and included this note obligations of both parties to the other. 2 - However may utilized circumstances that were written note that the parties did not Intended out only to have their agreement temporarily while retaining their respective right to refrain from contracting the final as long as the document had not been delivered to the insured. 3 - If were not the intention of the parties from writing note clear, considered this note as a temporary directory to get a final contract "(a preparatory work for the Civil Law, vol 5, p 326, margin (3)).

Contract of insurance contracts consensual held soon agree Wills produce Legal effect, and that Necessity writing to prove, not for the . Accordingly, it must be a compromise exists that reflects the executable (insured) his control in a manner consistent with the expression of student insurance and corresponds with him . And when the match with positive acceptance of the insurance contract is held without the need for any other action as required by the provisions of the Civil rationing.

However, the self-insurance and the diversity of his contract and make statements terminal, often attach finish To sign a document of both insurance (insured and insured), may require the non-conclusion of the contract only if the insured pays the first installment of the insurance premiums, and therefore the contract does not take place unless the signature on that document and pay the premium.

Insured, as a party to the insurance contract, everyone is threatened by the risk of a particular wish to deflect the same transfer followed him to another person (insured) in return for payment of a sum of money (the premium). 

However, it should be noted that trading in the insurance field three terms may meet in person and one or dispersed to more than one person, a student insurance, and the insured, and the beneficiary ([1]) . 

Student insurance: is a person who enters into a contract of insurance with the insurer undertakes to implement the commitments corresponding to the obligations of the insured.

Insured or insured or insured: the person who is threatened by the insured risk it . 

Beneficiary: the person who deserves the amount of insurance or the amount of compensation when the insured risk of him . 

These terms may meet in one person and called the insured, particularly in the damage insurance, that insurance is a student who has contracted with the insurer is - Also - and the insured which is threatened by the danger which is the beneficiary of this insurance, the sense is the one who earns the amount of insurance when you check this menace . For example, a person who believes in his car against fire, this is the person who contracted with the insurance company (student insurance) which is which is threatened by the risk of fire his car (insured), who earns the amount of insurance from the company in the case of the burning car (the beneficiary) . 

However, these terms may be scattered among more than one person as in life insurance . For example, contracted person (student insurance) with the insured on his wife's life insurance (insured) for the benefit of his son (the beneficiary) . Or a person believes his life (student insurance and the insured) for the benefit of his heir (beneficiary) . In this case, the last meet of the two people two terms: student insurance and the insured, the term beneficiary, it called on his legacy . May also be insured and the beneficiary one person and student insurance of another person, for example, if a safe buyer for a deferred payment on the thing that he bought - comprehensive insurance for all risks - for the benefit of the seller (*), the buyer this situation is a student insurance and the seller be locked him and taking advantage of the insurance worth the amount of insurance upon verification insured risk it . 

The insurance contract like any other contract may also be concluded by the insured originality itself may- Well - that thereafter concluded by deputy legal (In charge of the matter or guardian or trustee or receiver) or agreements (representative), and then apply the general provisions in the prosecution in the contract and leave the impact of the insurance contract directly to the inherent (insured) without MP . 

    May also be entered into the insurance contract accidentally residue becomes available conditions in the general rules, as if security secretary transport the goods delivered by the account charger availability is urgent paid to it, in that he finishes the impact of the insurance contract to the owner of the goods (shipper) directly, and subject this case to the provisions of the proxy in the curious relationship between the (carrier) and the employer (the shipper) Article (190) civilian ([2])] 

([1])  Article (1035) of the preliminary draft of the Civil Code provides that   "1 - means the insurance seeker person who undertakes the implementation of the commitments corresponding to the obligations of the insured, and is intended insured person or persons who lead them insured commitments made ​​in the event of an incident described in the insurance contract. 

2 - If the student insurance is the right owner in insurance is insured "(Group preparations for the civil law, vol 5, p 322).                     

(*) Being worked on in the market for sale for a deferred payment or installment to the buyer insurance against all risks for the benefit of the seller, if if the risk insured him that stolen car or burned or damaged deserved seller the amount of insurance from the insurer. Article (190) Civil law on that "Agency rules apply if approved employer curious what he had done."

Is the person who confined his work in mediation and rapprochement between those who want insurance without having the authority to conclude an insurance contract . The power broker in the process of narrowing insurance and expands depending on its relationship to insured and do not go out a fulfilling two obligations, namely: 

First: the lack of clarity within the power broker . The broker in this case despite being one of the insurance brokers, but it does not have the authority to conclude the contract with the student insurance .Where this power remains in the hands of the insured, and the task performed by the insurance agents are introduced and provide the document signed by the insured to the insured for signature of acceptance([1]).

Second: the clarity the limits of the authority in being a Realtor and broker shall search for customers and show them the insurance and put them in a direct relationship with the insurer to enter into a contract of insurance . 

([1])   Article (1043) of the preliminary draft of the Civil Code provides that "If the authority is not insurance broker explaining the border, so it in this case that the insured following actions: 

(A)   Receipt of insurance claims and notifications rescinding insurance. 

  (B)   Data received by the applicant must be provided by insurance or provided by his own to the insured during the contract and affairs related to this contract, including the   Requests for annulment. 

  (C) delivery of insurance policies and contracts issued by the sprawl insured. 

  (D) arrested premiums, benefits and expenses and compensation payable under the contract of insurance "" (set preparations for the Civil Law, vol 5, p 325, margin (2)).

A person who is authorized by the insurer the authority to conclude an insurance contract with the insured, subject to the restriction on general insurance terms that are familiar - often - Listed in the documents of the various insurance . This delegate has no modification in these conditions by deletion or addition ([1]) Whether the interests of the insured, or was it in the interest of the insured . Because his authority is limited to insurance contract only so Authority lower than the authority of the authorized agent.General and delegate this power of attorney is that limit his authority so obliged not overstepping the limits of his agency, which is not authorized more than the conclusion of the insurance contract .

([1]) Article (1042) of the preliminary draft of the Civil Code provides that "1 - not agent may insured held insurance brokered, if retainer == years, be amended in terms of general insurance, whether this amendment in the interest of insured or not to be in his favor. 2 - but this agent is in his relationship with the insured commissioner of the insured in the conclusion of behaviors which vested usually who is in kind of intermediaries In conclusion acts that used to conclude mandate implicitly insured "(a group of preparations for the civil law, vol 5, p 326, margin (3)).

Contract, in general, is to combine the two parties no intercourse between them before, as well as the insurance contract it combines end and are insured and insured.

However, the self insurance and competitiveness among insurance companies And race, including to acquire the largest possible number of the insured, make the insurer pays a number quite a few insurance brokers seeking and searching for the insured, according to the saying "insurance is sold and not bought," and better to say that the "insurance shows no ask".

Believer, as a party to the insurance contract, is a person who displays bear liability risk (incident), who happens to another in exchange for a sum of money (premium) . Insured may take the form of a joint stock company with independent legal personality of the shareholders and the insured, they collect premiums in exchange for ensuring the insured risk it and to meet the amount of insurance in the state meet this danger. The insurer may take the form Association Insurance Exchange or not-for-profit cooperative of its members combines adjectives insurer and the insured at the same time, believes in each other.

We noted - Above - That displays and does not require insurance, and what was to increase the number of insured them achieve more profit believer and confidence in its ability to meet its obligations and customer confidence in it . So authorizes certain persons insured in all or some of his powers to enter into contracts with the insured, and these people are called insurance brokers.

Originally it must in good faith in other transactions, especially in the decades [Article (148/1) civilian ([1])]. However, the insurance industry more to require such transactions from other . Must be available mutual trust between the parties to the contract [Article (150/2) Civil ([2]). Because the insured depends largely on what cast student insurance data on the person and the circumstances surrounding the danger to be insurance against him and in addition to the dangers of the insured for the insured for all exacerbates the risk during the insurance period.

However, the bad faith consequent fall right of the insured in the amount of insurance when required so apparent in the

Policyholder or arrived to the degree of fraud obscene even if expressly provided for. 

([1]) The first paragraph of Article (148) civilians as "1 - must perform the contract in accordance with what it included and in a manner consistent with what dictated by good faith".

([2]) The second paragraph of Article (150) as a civilian "2 - As if there was a place for the interpretation of the contract, ... , And what should be available from the secretariat and confidence among contractors".

Insurance contract is one of the ongoing decades, because time is an essential element in it . Believer committed to providing security to the insured of the danger which threatened in return for the latter's commitment pay premiums periodically during the period of insurance.

The offense that entails time the insurance contract is not possible the realization of the rule of retroactivity for annulment . But is the realization of the immediate effect of his base if the policy has been avoided for the availability caused by . Accordingly such termination does not have a retroactive effect because the past of time can not be returned, but his immediate and direct impact from the date of termination.

Contract of insurance contracts binding for both sides because the cause of one's commitment is a commitment store second. The cause of insured obligation to bear the consequences of the insured risk it, whether to provide security to the insured or to fulfill the amount of insurance when you check this menace, is the insured's obligation to pay premiums and commitment to the insured reason it is the obligation of the insured to bear this liability .

Nor slanders mandatory insurance contract for either side to say that the insurer's obligation to pay the amount of insurance commentator on the suspensive condition is if the risk insured him, or that he does not adhere to pay this amount when you do not check this menace . Because reciprocal obligations or offset not seen in the implementation of the contracts but are looking for the time they are in session.

Insurance contract does not come from the original year, in modern law, a consensual contracts, where the special provisions in civil law has not eliminated otherwise. Accordingly, the insurance contract is held once consensus exchange and match the offer and acceptance between the terminal Insurer and the Insured. And the defendant by the insurance contract to prove this by creating a directory on his claim in accordance with the rules of evidence.

As formulated in the form of a document to ensure it does not deviate from the fact that the writing in this case to prove, not to convene, and that it included a mandatory certain data and signed by the parties to the contract the insurer and the insured,

Does not change the consensual contract . But necessitated due to the adhesion property and includes a variety of conditions, in order to available science and eliminating the ignorance of the insured, including data contained in document.

But consensual, as originally, does not preclude the parties to the insurance contract agree to be formal or in-kind. Shall be a formality when expressly stipulated not take place unless certain formalities taken .And be kind if required insured failure of the contract only if the insured has to pay the insurance premium.

Compliance is the delivery thing all without a discussion of its specificity, meaning that the insured presents the Insured several models of insurance documents printed and ask him to choose one of them without giving him the right to discuss its terms, he accepted the document or reject Altogether. 

This property is paid legislator to intervene to restore the balance between the parties repeal certain conditions if they are received in the insurance policy [Article (750) civilian ([1])] and the reduction of arbitrary conditions and authorize the judge interpreted the contract terms in a non-harmful interests Insured.

([1])    Article (750) civilians as "null and void as contained in the insurance policy of the following conditions are met: 

1) The requirement fall right insurance due to violation of laws and regulations. But if the offense involved the intentional felony or misdemeanor. 

2) The requirement insured loses the right because of the delay in the announcement accident insured him to the authorities or to provide documents if the circumstances show that the delay was acceptable excuse. 

3) Each condition printed manifestly did not emerge and it was linked to the situation of the conditions that lead to the nullity or forfeiture. 

4) Arbitration clause if contained in the document between the general conditions printed in the form of a special agreement separate from the general conditions. 

5) All other arbitrary condition indicated that it was not for violating the impact of the accident insured it. "

Insurance contract is a model for decades probability or ambiguity, Renderings implications not be known insured amount does not know at the time of the contract amount of what it takes and how much they give to the insured because it depends on the check or not to check the insured risk it.

However, it should be noted that the obligation of each party to the contract is known to the other party .Believer knows that he is committed to cover the insured risk him and the insured knows that he is committed to pay the insurance premium . However, the amount of coverage the insured as well as the number of installments that will be paid by the insured unknown to them at the time of conclusion of the contract. For example, if a person has insurance On a car worth 50,000 pounds for a 100-pound premium annually against fire, after the conclusion of the burned car And committed believer to fulfill the amount of insurance to the insured fully. In the interview may pay the insured annuity full insured but the danger of it has not been achieved for non-combustion car . In this example, we note that the insurer may be carried out in the amount of insurance, in case if the risk insured him, without getting something, and that the insured has paid the full premium, when you do not check the insured risk it, without getting - Well - something . This is the probability, which is the most important characteristic of the insurance contract. 

And a probabilistic prevent property appeal in the insurance contract Disqualification of exploitation, as one of the disadvantages of the will, because insurance is based on the lack of equivalent values ​​between what each party is given for the last.

Insurance contract is onerous contracts, because each party as a counter take what is given. Believer believes the insured of the danger threatening him in exchange for payment of premiums, if achieved this risk insured committed to fulfill the amount of insurance to the insured. The insured pays premium to the insured peer sense of tranquility and security during the period of insurance and having received the amount of insurance in the case if the risk insured him.

Does not change the netting insurance contract that the insured risk it did not materialize and then not abide by the insured to pay insurance to the insured, because premiums, which carried out the latter is not in return for this amount, but in exchange for security, which provides insurance to him and bear the first consequence of that risk.

The insurance varied definitions and perhaps the most common and acceptable legal thought is the definition which said it Expert French / Himar, where he defined as "the process gets under which one party is insured in return for a certain amount, a premium, on a pledge to himself or herself or to others in case of check particular risk from the other side, a believer who bears on his shoulder mg Ah risk being clearing them and according to the laws of statistics ". 

And knew Sheikh / Light as "Contract system coined money men for the distribution of damage- The output of the dangers of time

Infect funds Damaged or Corruption or loss, or affect the objects and won inferiority and diseases - And hashed By dividing between many individuals assume all of them share it, through the evaluation, and reached its value to its restoration, or diluted; and that carry value and put it on the largest possible number as a result of a contract based on the organization, and supervision: bodies have expertise and experience based on the principles and rules of statistical and experimental".

The legislature is in the process of organizing a special insurance structured as a contract named , Put him through the definition statement limbs and determine its implications [Article (747) civilian. 

This definition ensures a statement the basic or fundamental elements of the insurance contract, in terms of the parties (the insurer and the insured) and in terms of whether the beneficiary is insured or a third person named in the contract beneficiary (the requirement for the benefit of others) [Article (154/1) Civil law, and in terms of the commitment of the insured to cover insured risk it, and the insured's obligation to pay premiums.

This definition is inclusive because it does not restrict his term in that the purpose of insurance is to compensate for the loss probability may affect the insured if the risk insured him . But launched in order to be valid for all types of insurance, whether insurance to persons, or damage insurance. 

However, the jurisprudence criticizes this definition on the basis that it omitted a statement the technical foundations on which the insurance. We estimate that this criticism is in order, because there is a difference between the definition of insurance and the definition of an insurance contract, which represents the legal relationship between the terminal (the insurer and the insured) insurance as one of the two sides of the ([6]) If we add to the technical foundations completed Insurance sides. These foundations, though necessary for the insurance free of gambling and betting, but it is not necessary for the establishment of an insurance contract and not from its core elements not remember which college .Because the insured operations Statistical and mathematical away from contract . As well as being commercial interference in the study than in the legal study. 

In addition there is another criticism directed to the legislature is doing to define the relationship organized by the law, this is not a mission, and do make the static text when the narrow sense of the term, which poured definition and rooting authentic task of legal jurisprudence . However, it can be forgiven the legislator, in its definition of an insurance contract, for two things: the relative modernity Insurance . And the controversy about the legitimacy . ([1]) Article (747) Civil law that "insurance contract shall insured the reunder lead to the insured or to the beneficiary, who spoke on condition of insurance in favor of a sum of money or income salary or any other financial compensation in the event of an accident or if the risk specified contract, in return for a premium or any other financial payment performed by the insured for the insured n. 

Article (920) civilian Jordanian that "insurance contract committed by the insured that leads to the insured or to the beneficiary, who spoke on condition of insurance in favor of a sum of money or income salary or any other financial compensation in the event of an accident insured or if the risk specified in the contract in return for a specific amount or installments periodically performed by the insured for the insured. " 

The first paragraph of Article (1026) of the UAE Civil Transactions Law that "1 - insurance contract which cooperates insured and the insurer to hazards or accidents and under insured pays the insured to the insurer a fixed amount   Or periodic installments, and in the case if the risk or in the event described in the contract pays the insurer to the insured or the beneficiary, who spoke on condition of insurance in favor of a sum of money or income or salary or any other financial right. " 

Article (475) of the Code of transactions Sudanese that "insurance contract committed by the insured that leads to the insured or to the beneficiary, who spoke on condition of insurance in favor of a sum of money or income salary or any other financial amount last in the event of an accident insured or if the risk specified in the contract in return for a specific amount or installments periodically performed by the insured for the insured."

The believer in order that the process of insurance needs to use the principles of statistics (actuarial calculations) to determine the extent of potential if the risk to be insurance of it, so that countless number of cases falling into place and time specific. This census empowered to specify the value of the premium so as to achieve a profit of insurance. Because if the study was that the statistical A large proportion if the risk, the insurer has been reluctant to cover such a risk because it requires him to direct premiums which Taken from the insured to be covered.

In sum, in a n To process insurance win. 

- The legal side in the legal relationship, which are under contract Tami n Between the insurer and the insured. 

The technical side and is in the process of default management cooperation between the insured and which The organized insured by statistical studies and sports.

Insurance assumes that the insured (the insurance company) plays the role of a mediator to organize cooperation among the insured for risks to which they are exposed (1) . The multiplicity of the insured is necessary so as not to become a kind of insurance gambling or betting or illegal speculation, which take place between two people convey whereby one danger to another . But insurance is a collective process assumes cooperation between the insured to disperse risk among themselves, in a manner not bear the impact of the person who has been his alone.

(1) The first paragraph of Article (1026) of the Code of Civil Transactions Emirati as "1 - insurance holding cooperate when the insured and the insurer to hazards or accidents insured them and under pay the insured to the insurer a fixed amount or installments periodically, in case if the risk or the occurrence of the event described in the contract pays the insurer to the insured or the beneficiary, who spoke on condition of insurance in favor of a sum of money or income or salary or any other financial right."

Insurance relationship arises between the insurer and the insured under a contract of insurance, but this relationship if it were in the form of bilateral relationship between the two was a form of gambling and betting is not legally permissible (illegal and put me) And therefore should have several such a relationship so that there are quite a few of the insured.

However, do these multiple relationships do not make the insurer avoid the risk of speculative unless filed on the basis of technical and statistical studies.

Originally it may not agree to disembark for obsolescence before it is proven right when not on the duration vary appointed by the law, but it may go down with him after testing right where [Article (388) civilian  [1])]

However, the provisions of the statute of limitations on insurance Having acknowledged that originally reported exception expressed passport agreed to amend these provisions when it was in the interest of the insured or the beneficiary . The sense that the agreement is contrary to those provisions be null and void if the interest of the insured, if true for the benefit of the insured or the beneficiary [Article (753) Civil law [2]).

In appreciation that the first text is a general provision and the second text is a special rule that would require the private allocates public opposes him, in addition to that source texts is the legislator who has contrary provisions in accordance with the requirements of the interest to be protected.

( [1] ) Article (388) Civil law that "1 - may not go down for obsolescence before it is proven right when, as may not agree on that is aging in a different time appointed by law. 2 - but each person may have to act in his or her rights to down even implicitly obsolescence after testing right where that this down is not implemented in the right of creditors if released damaging them. "

Article (463) civilian Jordanian as "1 - may not be waived for a plea hearing for the passage of time before it is proven right this payment and may not agree on the inadmissibility hearing after a period different from the period set by law. 2 - but may Everyone has to act in his or her rights to give up even a sign for payment after testing right where that this waiver is not implemented in the right of creditors if released damaging them.

([2]) Article (753) civilians as "null and void agreement violates the provisions of the texts contained in this chapter, but be in the interest of the insured or for the benefit of the beneficiary."

Arise relating to insurance claims, but does not apply in the matter of limitations trio only if issued by a party to the insurance contract against the other. If the proceedings issued by third parties on one of the parties or of one of the parties against others, such suits left in that general rules of limitation and not of limitation triple your insurance contract, and these proceedings as follows: 

- Liability suit brought by the injured to claim compensation, whether a lawsuit directly against the administrator (the insured) that the security of this responsibility, or whether a lawsuit is directly against the insurer where the creditor uses (injured) the rights of the city (in charge).

- The case of direct actions brought by the injured against the insurer for a claim to verify responsibility insured by security including (liability insurance), whether based on the law directly, such as insurance of motor vehicle accidents, or was it based on the designated in the insurance contract beneficiaries (the requirement for the benefit of others) . 

- Suit insured against charge if the risk insured him - in the insurance people - for example, if the security of people against physical injury and cause another occurrence of these injuries, it becomes the right of that person (insured) directly liability suit against the other (official) for demanding compensation.

- Legal solutions to suit believer replace the insured to refer to the charge if the risk insured him - things insurance - ([1]). 

- Property Insurance claim against the insurer, including his right to the amount of insurance, because the amount of insurance to replace something that is the right mortgage or lien ... Etc. ([2]). 

([1]) Article (1030) of the Code of Civil Transactions Emirati that "may believer to replace the insured including paid guarantee for damage in cases be to the insured before the caused damage that resulted him responsibility insured unless of unintentional damage of assets and branches of the Insured or of his wives or are living with him in one or a person to be insured responsible for his actions."   

([2]) Article (1045) of the UAE Civil Transactions Law that "1 - if the thing insured burdened by a mortgage or other kind of insurance these rights moved to guarantee due to the insured under a contract of insurance.   

2 - If recorded these rights or communicated to the insured if a registered letter, it is not permissible for him to pay what he owes to the insured only with the consent of those creditors."

The insured has the right to direct a lawsuit against the insured, if there is a bug to the provisions of the last contract or breach of any obligation arising from the insurance contract, and most important of these proceedings as follows:

* Insurance claim in the amount of claims or the amount of compensation for the damage it has suffered if the risk insured him.

* Nullity proceedings, if Produce an imbalance in one of his staff, or revocation for lack of eligibility or availability of a disadvantage will.

* Annulment proceedings for breach of the insured one of its obligations arising from the contract or to the insurance contract with a duration of more than five years.

Insurance contract related provisions and arranges obligations on both ends and any breach of these obligations or those provisions by the insured authorizes the insurer directly lawsuit against him. Among these cases as follows:

* Lawsuits claim the premiums owed ​​to the insured.

* Nullity proceedings, if Produce an imbalance in one of his staff, or revocation of the availability of a disadvantage will.

* Annulment proceedings for breach of the insured one of the obligations arising from the contract or to the insurance contract with a duration of more than five years.

Triple limitation applies to claims arising from the insurance contract from the time that the incident occurred generated by the lawsuit [Article (752/1) civilian ([1])]. For example, a lawsuit claiming the insured for the insured amount of insurance, if the risk insured him, become obsolete in three years, beginning from the time of check this menace. And a lawsuit claiming the insurer to the insured installment due become obsolete in three years from the time of solutions in order to meet with justice. 

    However, there are two cases where start-applicability of statutory limitations in time is the time of the incident generated by the case, namely:

First - Time aware insured fact conceals a student of the data relating to insurance risk insured him or his data is incorrect or inaccurate about this risk . Triple limitation shall enter into force from this time and not from the time of the incident generated by the lawsuit [Article (752/2 {a}) Civil law ([2]). 

Second - Time aware of the concerned parties that the insured risk will come of it . Limitation starts from this time and not from the time of the incident generated by the lawsuit [Article (752/2 {b} Civil law ([3]). 

([1]) the first paragraph of Article (752) as a civilian "1 - statute of limitations for claims arising from the insurance contract expiry of three years from the time of the incident generated by these actions." 

Article (1036) of the UAE Civil Transactions Law that "1 - you can not hear the lawsuits arising from the insurance contract after the expiry of three years from the occurrence of the incident, which generated about or aware of locating in interest 

2 - does not come into force this period in the case of hide insured data on the risk of the insured from or submitted incorrect data only from the history of the insured so."  

([2]) Regulation {a} of the second paragraph of Article (752) Civil law that "2 - however do not apply this period: (a) in the case of hiding data on risk insured him or provide incorrect data or inaccurate the only danger today the insured knew that."   

([3]) Regulation {b} of the second paragraph of Article (752) Civil law that "2 - however do not apply this period: (b) in the case of the accident insured him only the day knew people with regard thereof."

Limitation - In its general meaning - Is a past period of time prescribed by the law is what it leads to loss of his right to legal protection of their rights, and provide this protection of the rights is by directly lawsuits.

And I've set for the limitation of the law suits arising from the insurance contract in the rule of [Article (752) civilian ([1]), Who spent Prescription lapse of three years from the time of the incident.

([1]) Article (752) as a civilian "1 - statute of limitations for claims arising from the insurance contract expiry of three years from the time of the incident, which generated about these cases.

(2) However this shall not be Duration:

A - If you hide the data related to the risk insured him or provide incorrect data or inaccurate about this danger only from the day the insured knew that.

= B - in the event of an accident insured him only the day concerned parties knew of such occurrence.

Article (932) civilian Jordanian as "1 - not hear lawsuits arising from the insurance contract after three years on the incident, which generated about or aware of the interested locating and. 2 - not enter into force this period in the case of hide insured data risk insured him or submitted incorrect data only from the history of the insured so."

Given that the burden of proving bad faith, the insured, in the implementation of the commitment to information or media, is the responsibility of the insured, and failure in this evidence leads to the parent, a good faith Insured.

Logic demands that the equality of goodwill and Bad faith in government therefore decided to custom insurance penalty with lighter take if the risk insured him a criterion to differentiate between the cases of the discovery of the fact that unknown to the insured for this risk.

We know that the insured's commitment to make statements about the insured risk it branches to adhere to information when hiring and commitment to advertising during the period of insurance . If the insured breached Boehma whether closely guards statement or make a false statement, the consequent - in accordance with the general rules - A two Jzain:

I - revocation request to the occurrence of the insured in error or fraud.

Second - request termination for breach of the insured obligation arising from the insurance contract.

However, the custom insurance - For special considerations insurance market - Did not arrange any of these Aljzain, but were on the invalidity of the contract as a sanction for fraud issued by the Insured or breach of its obligation.

Note that this is a special case of invalidity is not subject to the general rules prescribed in the theory of nullification. 

The offense that falls on the insurer has the burden of proving bad faith, the insured because the basic intercede for him - A presumption of good faith - And on the alleged dispute this origin to substantiate his claim.

Accordingly, it is permissible for the believer to ask invalidate the insurance contract, when demonstrated the bad faith of the insured, in order to evade the commitment to ensuring the insured risk than in the case bring. When decide nullity fell right insured claim the insured amount when the risk of the insurance even if achieved was formerly on the report of invalidity. And fell - As well as - The right to claim the insured total premiums In.

Insured must inform the insurer of all insured risk data from when hiring and that he is committed to -During the period of insurance - Declaration insured emergency circumstances that lead to the aggravation of this danger. However, Civilian lawmaker not specify the penalty that the consequences of a breach of this obligation, except with regard to the error in the age of the insured on his life [Article (764) Civil law].

Whereas the general rules are both haven lacks special provisions, and although it was decided solutions to this issue . However, this leads to undesirable results in the insurance domain, because it empowers the believer request revocation When was the decade has occurred in error, fraud or coercion or exploitation, and to annul the contract consequent return of the two contracting parties to the case that it was in before the contract and requiring the insurer refund premiums to the demise of reason to keep. 

However, the current civil rationing almost codifies custom insurance in this regard ([1]) Except that the legislature at the time felt that such particles that must be regulated by a special law .

However, the custom of insurance decide a penalty for breach of the insured obligation advertising or media from danger or worsen, but it differentiates between ill-intention and gracious In the latter case, differentiate between truth before exposure if the risk insured him and exposure after inspecting.

([1]) Article (1067) of the preliminary draft of the Civil Law, which was given No. (789) in the discussions that "may believer to request revocation of the contract if mute the insured is or made ​​intentionally false statement and this would be changed Multi danger or less important in the eyes of the believer in this case and in all other cases invalidate the contract for breach of the insured pledges for fraud become premiums that have been paid prerogative == believer. The premiums that befell not been paid shall be entitled to claim them "(set preparations, c 5 , p 341).

Article (1068) of the preliminary draft of the Civil Law, which was given No. (790) in the discussions as "1 - does not entail Scott insured for an order or give a statement is incorrect contract is invalid if you do not have evidence of ill intent.

2 - If exposed the truth before if the risk the insured may be asked terminate the contract within ten of the notification of the insured book recommended only if prior to this increase in the premium is calculated on the basis of tariff premiums. 3 - If you do not show what happened from sleep or lack of authenticity of the statement only after ascertaining that risk must cut compensation by the rate of premiums paid to the rate of premiums that should have been paid if the risks were announced to be properly insured Tam "(set of preparatory work, vol 5, p 342).

Article (928) of the Jordanian Civil Code provides that "if mute insured in bad faith is or submitted a statement is incorrect manner diminish the importance of the insured risk it or lead to a change in the subject matter or if breached for fraud to fulfill his promise was for the believer to ask terminate the contract with a judgment for installments due before this request. 2 - If negated fraud or bad faith, it must be insured when annulment request to refund to the insured premiums paid by, or contained much, who could not bear the interview danger. "

Article (1033) of the Code of Civil Transactions UAE as "1 - if muted insured in bad faith is or submitted a statement is incorrect manner diminish the importance of the insured risk it or lead to a change in the subject matter or if breached for fraud to fulfill his promise was the insured may request termination of the contract with a judgment for installments due before this request. 2 - If negated fraud or bad faith, it must be insured when annulment request to refund to the insured premiums paid by, or contained much, who could not bear the danger interview.