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Titre : عقد تأمين المركبات. Type de document : texte imprimé Auteurs : لقمان بومزبر, Auteur ; أحمد بولمكاحل, Directeur de thèse Editeur : جامعة الإخوة منتوري قسنطينة Année de publication : 2019 Importance : 295 ورقة. Format : 30 سم. Note générale : Doctorat en 3 éme cycle LMD.
2نسخ موجودة مكتبة المركزية
Langues : Arabe (ara) Catégories : Arabe
القانونTags : القانون الخاص:قانون تأمينات عقد تأمين المركبات التعويض المؤمن المؤمن له المتضرر the automobile insurance compensation the insured the insurer the victim le contrat d'assurance automobile indemnisation l'assuré l'assureur la victime Index. décimale : 340 القانون Résumé : The intervention of the Algerian legislator under the revised and supplemented Ordinance 74-15, which includes compulsory automobile insurance and the system of compensation for damages, is meant to force the automobile insurance contract to provide protection for road traffic victims. However, the mandatory nature of this contract does not exclude the additional protection inherent in compulsory automobile insurance by the insured as required by its insurance interest, under optional guarantees covering physical damage to his vehicle, against payment of an additional insurance premium to insure such risks.
The Algerian legislator, under the revised and supplemented Ordinance 95-07, has directed to the development of peremptory legal texts that the parties can not agree to violate in order to protect the weakest part in the contractual relationship who is the insured in the face of an insurer who enjoys an economic power to impose conditions specific to the contract in accordance with his interests without the possibility of discussing them by the insured, the latter has only to conclude this contract on its terms or to distract from the conclusion.
In order to ensure this, the Algerian legislator guaranteed that the injured person would receive compensation for bodily harm in the context of compulsory insurance based on the theory of risk, but the determination of compensation for material injury was subject to the general rules of the Civil Code. As for the optional guarantees, which are subject to the general provisions of the insurance contract, the legislator committed both the insurer and the insured to carry out their obligations either at the time of the contract or during the execution of the contract or when the insured risk was realized. And, moreover, the legislator regulated the expiry of this contract and the related procedures, where these legislative interventions were aimed at establishing a kind of balance between the parties of the contractual relationship.
From all of this comes the importance of studying and reviewing the texts of each of the revised and supplemented Ordinance 74-15 and 95-07, as well as the associated legislation, to highlight the effectiveness of the provisions of the automobile insurance contract by establishing a balance between the interests of the insurer on one hand and the insured and the injured on the other hand, by the creation of legal mechanisms to ensure a certain degree of protection for them.
Diplôme : Doctorat En ligne : ../theses/droit/ABOU4425.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11225 عقد تأمين المركبات. [texte imprimé] / لقمان بومزبر, Auteur ; أحمد بولمكاحل, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2019 . - 295 ورقة. ; 30 سم.
Doctorat en 3 éme cycle LMD.
2نسخ موجودة مكتبة المركزية
Langues : Arabe (ara)
Catégories : Arabe
القانونTags : القانون الخاص:قانون تأمينات عقد تأمين المركبات التعويض المؤمن المؤمن له المتضرر the automobile insurance compensation the insured the insurer the victim le contrat d'assurance automobile indemnisation l'assuré l'assureur la victime Index. décimale : 340 القانون Résumé : The intervention of the Algerian legislator under the revised and supplemented Ordinance 74-15, which includes compulsory automobile insurance and the system of compensation for damages, is meant to force the automobile insurance contract to provide protection for road traffic victims. However, the mandatory nature of this contract does not exclude the additional protection inherent in compulsory automobile insurance by the insured as required by its insurance interest, under optional guarantees covering physical damage to his vehicle, against payment of an additional insurance premium to insure such risks.
The Algerian legislator, under the revised and supplemented Ordinance 95-07, has directed to the development of peremptory legal texts that the parties can not agree to violate in order to protect the weakest part in the contractual relationship who is the insured in the face of an insurer who enjoys an economic power to impose conditions specific to the contract in accordance with his interests without the possibility of discussing them by the insured, the latter has only to conclude this contract on its terms or to distract from the conclusion.
In order to ensure this, the Algerian legislator guaranteed that the injured person would receive compensation for bodily harm in the context of compulsory insurance based on the theory of risk, but the determination of compensation for material injury was subject to the general rules of the Civil Code. As for the optional guarantees, which are subject to the general provisions of the insurance contract, the legislator committed both the insurer and the insured to carry out their obligations either at the time of the contract or during the execution of the contract or when the insured risk was realized. And, moreover, the legislator regulated the expiry of this contract and the related procedures, where these legislative interventions were aimed at establishing a kind of balance between the parties of the contractual relationship.
From all of this comes the importance of studying and reviewing the texts of each of the revised and supplemented Ordinance 74-15 and 95-07, as well as the associated legislation, to highlight the effectiveness of the provisions of the automobile insurance contract by establishing a balance between the interests of the insurer on one hand and the insured and the injured on the other hand, by the creation of legal mechanisms to ensure a certain degree of protection for them.
Diplôme : Doctorat En ligne : ../theses/droit/ABOU4425.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11225 Exemplaires (1)
Code-barres Cote Support Localisation Section Disponibilité بوم/4425 بوم/4425 Thèse Bibliothèque principale Thèses Disponible
Titre : التأمين كوسيلة من وسائل مواجهة الخطر Type de document : texte imprimé Auteurs : رتيبة بن دخان, Auteur ; أحمد رحال, Directeur de thèse Editeur : جامعة الإخوة منتوري قسنطينة Année de publication : 2017 Importance : 385 ورقة. Format : 30 سم. Note générale : 2نسخ موجودة مكتبة المركزية
Langues : Arabe (ara) Catégories : Arabe
القانونTags : Risk Insurance the insurance companies insured La police d'assurance Risque l'assuré la compagnie d'assurance Index. décimale : 340 القانون Résumé : In this research we tackled the insurance contract which is considered as an
important method to face a risk. In fact, there are many other methods and means to
face risks, and they are different according to the variety of types of risk and their
circumstances. Since those methods are in a continual development and renewal, it is
difficult to initiate a perfect method that can be applied on all cases without
exception. However there is always a perfect method to face some risks, furthermore
other secondary alternatives exist and can be used in order to achieve the perfect
method; that to say one of these strategies, is the transfer of risk which includes the
insurance.
The principle of insurance is based on the protection of persons from material
losses caused by the incidence of the insured risk, so the insurance depends on the
principle of cooperation among a group vulnerable to the risk, by compensating the
material losses suffered by some of them.
Certainly the insurance company does not deal with a specific risk which has
constant and invariable results, but instead it takes in consideration numerous and
various risks, that are different according to their natures, causes, the circumstances
which controls their degree of probability and the type and the rate of the loss caused
by the related incidents.
The risk has a deep influence on the insurance contract, either on the insurance
companies, by unbalancing their insurance portfolio, considering that they do not
deal with one risk as we said before, or affects directly the insurance contract itself,
to be the main reason of its termination, thus a commitment is imposed on the insured
in order to inform the insurer about the risk reasons, considering this commitment as
the main practical method to keep him permanently informed of the risk reality all
over the duration of the contract. The non respect of that commitment by the insured,
either in the beginning of the contract or during its subscription, or along the duration
of the insurance contract, exposes the insured to legal penalties provided by the
Algerian legislator in the ordinance 95-07, which is either nullity or annulment, and
this according to the case (good intention or bad intention). Consequently, we
conclude that the risk and the commitment of informing the insurer about the reasons
of its occurrence imposed on the insured, is important in the contract termination. At
the same time, the insurer can also include a condition in the insurance contract
enabling him to terminate the contact after the occurrence of the risk, and before the
expiration of the contact duration, thanks to the implementation of the contractual
liberty principle, by the existence of a legislative gap regarding this case.
Diplôme : Doctorat En ligne : ../theses/droit/ABEN4188.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=10686 التأمين كوسيلة من وسائل مواجهة الخطر [texte imprimé] / رتيبة بن دخان, Auteur ; أحمد رحال, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2017 . - 385 ورقة. ; 30 سم.
2نسخ موجودة مكتبة المركزية
Langues : Arabe (ara)
Catégories : Arabe
القانونTags : Risk Insurance the insurance companies insured La police d'assurance Risque l'assuré la compagnie d'assurance Index. décimale : 340 القانون Résumé : In this research we tackled the insurance contract which is considered as an
important method to face a risk. In fact, there are many other methods and means to
face risks, and they are different according to the variety of types of risk and their
circumstances. Since those methods are in a continual development and renewal, it is
difficult to initiate a perfect method that can be applied on all cases without
exception. However there is always a perfect method to face some risks, furthermore
other secondary alternatives exist and can be used in order to achieve the perfect
method; that to say one of these strategies, is the transfer of risk which includes the
insurance.
The principle of insurance is based on the protection of persons from material
losses caused by the incidence of the insured risk, so the insurance depends on the
principle of cooperation among a group vulnerable to the risk, by compensating the
material losses suffered by some of them.
Certainly the insurance company does not deal with a specific risk which has
constant and invariable results, but instead it takes in consideration numerous and
various risks, that are different according to their natures, causes, the circumstances
which controls their degree of probability and the type and the rate of the loss caused
by the related incidents.
The risk has a deep influence on the insurance contract, either on the insurance
companies, by unbalancing their insurance portfolio, considering that they do not
deal with one risk as we said before, or affects directly the insurance contract itself,
to be the main reason of its termination, thus a commitment is imposed on the insured
in order to inform the insurer about the risk reasons, considering this commitment as
the main practical method to keep him permanently informed of the risk reality all
over the duration of the contract. The non respect of that commitment by the insured,
either in the beginning of the contract or during its subscription, or along the duration
of the insurance contract, exposes the insured to legal penalties provided by the
Algerian legislator in the ordinance 95-07, which is either nullity or annulment, and
this according to the case (good intention or bad intention). Consequently, we
conclude that the risk and the commitment of informing the insurer about the reasons
of its occurrence imposed on the insured, is important in the contract termination. At
the same time, the insurer can also include a condition in the insurance contract
enabling him to terminate the contact after the occurrence of the risk, and before the
expiration of the contact duration, thanks to the implementation of the contractual
liberty principle, by the existence of a legislative gap regarding this case.
Diplôme : Doctorat En ligne : ../theses/droit/ABEN4188.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=10686 Exemplaires (1)
Code-barres Cote Support Localisation Section Disponibilité بند/4188 بند/4188 Thèse Bibliothèque principale Thèses Disponible
