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."
التسميات
insurance contract