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.
التسميات
insurance contract