| 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) |
| Tags : |
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 : |
pdf |
| Permalink : |
https://bu.umc.edu.dz/md/index.php?lvl=notice_display&id=10686 |
التأمين كوسيلة من وسائل مواجهة الخطر [texte imprimé] / رتيبة بن دخان, Auteur ; أحمد رحال, Directeur de thèse . - [S.l.] : جامعة الإخوة منتوري قسنطينة, 2017 . - 385 ورقة. ; 30 سم. 2نسخ موجودة مكتبة المركزية
Langues : Arabe ( ara)
| Tags : |
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 : |
pdf |
| Permalink : |
https://bu.umc.edu.dz/md/index.php?lvl=notice_display&id=10686 |
|
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