No doubt that the obligation to pay the value of the premium falls on the opposite end of the insured in the insurance contract in whatever capacity Walt j qualifying this party, whether a student or insurance was a believer . We have already said that there are three qualities have characterized by more than one person has to meet in one person (student insurance and the insured and the beneficiary), if dispersed qualities on more than one person was a student insurance is obligated to pay the insurance premium without the other because it is the party who GOES to the effects of insurance contract.
It should be noted that the capacity that will be used in the study is insured, whatever recipe the other party to the contract with the insurer, that is most widely used in the books of jurisprudence .
It is characterized as a party in the contract (the insured) as follows:
- Inherent in the contract by the prosecution (legal or agency agreement {}).
- Employer hiring by Increase.
- Back (public or private) When was the conclusion of the predecessor of the contract previously on the right to move backward with the availability of knowledge ([1]) .
MP, agent or curious or advances The Contract to (*) and is not a party to the insurance contract because what Agree upon of legal actions GOES effects directly to the principal or employer or backward.
And the debtor is discharged from the obligation to pay the premium once he himself or by his deputy, handed over to the insured or to one of mediators or enjoyed phenomenon Agency for insured. Is true according to the general rules, meet third of the insurance premium, which has an interest in the validity of the insurance or who has no interest in it though without the knowledge of the debtor or against his will [Article (323) civilian ( [2] )] .
([1]) Paragraph No. {1} to Article (1075) of the preliminary draft of the Civil Law, which was inscribed on the legislative committee under the number (799) that "1 - move the rights and obligations arising from the insurance to the move to the ownership thing insured when disposed of. In If the death of the insured remains of these rights and obligations in the left "(set preparations for the civil law, vol 5, p 350).
(*) Description knitter launched on both the MP and the curious because his will replace the principal or employer at the conclusion of the contract, which GOES them raised as each party to this contract.Because adjectives party and knitter may Meet in one person when he contracted himself and can Diverge if the contract entered into the path of the prosecution In this case, the MP or busybody is knitter without GOES him something of its effects, and principal or employer is the party to the contract and proceed to its effects.
([2]) Article (323) Civil law that "1 - true fulfillment of the debtor or his deputy, or of any other person who has an interest in meeting, and taking into account the Article (208). 2 - true fulfillment also with reservation former who has no interest In this meet, even if it was without the knowledge of the debtor or against his will as a creditor may refuse to meet others if the debtor objected to this and inform the creditor that objection."
التسميات
insurance premium