Insured must inform the insurer of all insured risk data from when hiring and that he is committed to -During the period of insurance - Declaration insured emergency circumstances that lead to the aggravation of this danger. However, Civilian lawmaker not specify the penalty that the consequences of a breach of this obligation, except with regard to the error in the age of the insured on his life [Article (764) Civil law].
Whereas the general rules are both haven lacks special provisions, and although it was decided solutions to this issue . However, this leads to undesirable results in the insurance domain, because it empowers the believer request revocation When was the decade has occurred in error, fraud or coercion or exploitation, and to annul the contract consequent return of the two contracting parties to the case that it was in before the contract and requiring the insurer refund premiums to the demise of reason to keep.
However, the current civil rationing almost codifies custom insurance in this regard ([1]) Except that the legislature at the time felt that such particles that must be regulated by a special law .
However, the custom of insurance decide a penalty for breach of the insured obligation advertising or media from danger or worsen, but it differentiates between ill-intention and gracious In the latter case, differentiate between truth before exposure if the risk insured him and exposure after inspecting.
([1]) Article (1067) of the preliminary draft of the Civil Law, which was given No. (789) in the discussions that "may believer to request revocation of the contract if mute the insured is or made intentionally false statement and this would be changed Multi danger or less important in the eyes of the believer in this case and in all other cases invalidate the contract for breach of the insured pledges for fraud become premiums that have been paid prerogative == believer. The premiums that befell not been paid shall be entitled to claim them "(set preparations, c 5 , p 341).
Article (1068) of the preliminary draft of the Civil Law, which was given No. (790) in the discussions as "1 - does not entail Scott insured for an order or give a statement is incorrect contract is invalid if you do not have evidence of ill intent.
2 - If exposed the truth before if the risk the insured may be asked terminate the contract within ten of the notification of the insured book recommended only if prior to this increase in the premium is calculated on the basis of tariff premiums. 3 - If you do not show what happened from sleep or lack of authenticity of the statement only after ascertaining that risk must cut compensation by the rate of premiums paid to the rate of premiums that should have been paid if the risks were announced to be properly insured Tam "(set of preparatory work, vol 5, p 342).
Article (928) of the Jordanian Civil Code provides that "if mute insured in bad faith is or submitted a statement is incorrect manner diminish the importance of the insured risk it or lead to a change in the subject matter or if breached for fraud to fulfill his promise was for the believer to ask terminate the contract with a judgment for installments due before this request. 2 - If negated fraud or bad faith, it must be insured when annulment request to refund to the insured premiums paid by, or contained much, who could not bear the interview danger. "
Article (1033) of the Code of Civil Transactions UAE as "1 - if muted insured in bad faith is or submitted a statement is incorrect manner diminish the importance of the insured risk it or lead to a change in the subject matter or if breached for fraud to fulfill his promise was the insured may request termination of the contract with a judgment for installments due before this request. 2 - If negated fraud or bad faith, it must be insured when annulment request to refund to the insured premiums paid by, or contained much, who could not bear the danger interview.
التسميات
Insurance