The debtor to pay the premium is insured, and a fist is insured creditor. And then the straight is the object of an obligation that is - Usually - a sum of money and I must fulfill it to the second, which is not forced to accept something else though was equal to the value or the value of the highest [Article (341) civilian ([1])].
Often, the value of the premium, agreed in the insurance contract, is fixed and does not change . Since this value is estimated according to the risk insured him, the changing conditions the second consequent to become the first viable increase and decrease depending on the nature of this change, if changing circumstances, as would aggravate the risk insured him or increase in commitments insured, this gives the right to require the insured to increase the value of the premium ([2]).
But if it led to the demise of some of the considerations that take into account when determining this risk, it becomes the right of the insured claim insured by reducing the premium to achieve proportionality between him and the insured risk him under the new circumstances ([3]).
([1]) Article (341) as a civilian "thing is an original maturity which have to fulfill it, do not force the creditor to accept anything other though was equal to it in value, or has a higher value."
([2]) See the text of the article (11) of the government project, which reported, reference (3), 1293, P 635, which stated that "with the exception of life insurance, if the insured is the general conditions for any type of insurance through force duration. The insured may request the application of the new general conditions regarding contract secured. that if required the implementation of these requirements impose stricter obligations on the insurer, the insured shall in this case that the result corresponds to those commitments."
([3]) Article (1071) of the preliminary draft of the Civil Code provides that "if the identification for insurance (premium) marked the considerations listed in the insurance policy would increase the risk insured and still these considerations or less importance in during the term of the contract, the right of the insured to ask for insurance reduction agreed for the period subsequent insurance in accordance with the tariff."
Often, the value of the premium, agreed in the insurance contract, is fixed and does not change . Since this value is estimated according to the risk insured him, the changing conditions the second consequent to become the first viable increase and decrease depending on the nature of this change, if changing circumstances, as would aggravate the risk insured him or increase in commitments insured, this gives the right to require the insured to increase the value of the premium ([2]).
But if it led to the demise of some of the considerations that take into account when determining this risk, it becomes the right of the insured claim insured by reducing the premium to achieve proportionality between him and the insured risk him under the new circumstances ([3]).
([1]) Article (341) as a civilian "thing is an original maturity which have to fulfill it, do not force the creditor to accept anything other though was equal to it in value, or has a higher value."
([2]) See the text of the article (11) of the government project, which reported, reference (3), 1293, P 635, which stated that "with the exception of life insurance, if the insured is the general conditions for any type of insurance through force duration. The insured may request the application of the new general conditions regarding contract secured. that if required the implementation of these requirements impose stricter obligations on the insurer, the insured shall in this case that the result corresponds to those commitments."
([3]) Article (1071) of the preliminary draft of the Civil Code provides that "if the identification for insurance (premium) marked the considerations listed in the insurance policy would increase the risk insured and still these considerations or less importance in during the term of the contract, the right of the insured to ask for insurance reduction agreed for the period subsequent insurance in accordance with the tariff."
التسميات
Insurance