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."
التسميات
insurance contract