Gold judiciary and supported by the jurisprudence to say that the insurance policy is a contract floating final and not merely promised contract also went to him first owners of opinion, who they described as a contract promise.
As the owners of this view go on to say that the document floating is a final contract like other contracts of marine insurance, has been criticized owners of this opinion argument cited by the first opinion that sees the document floating just a promise insurance, arguing that it does not include specific merchandise insured when hiring, this hand. But on the other hand, the document floating Not include a pledge issued definitively by the insured (the insurance company).
And responding to the first argument by saying that as long as these goods determinable or appointment, there is nothing to justify described as mere promise to insurance and that the goods are insured identified a shipping incident.
As for acknowledging that the insured commits to present it to the believer - the insurance company - obtaining shipping, it is achieved by identifying the goods, since each is intended to provide recognition is to enable the insurer to a premium account, according to the amount and nature of the cargo.
In fact, the store is not set - the thing insured - when contracting for necessarily ايؤدي to make the contract a promise to insurance long as possible Appointment in the future, as the condition of the shop are:
1- Be present or possible presence.
2- Be certain or capable of being set.
3- Be capable to handle it or projects.
From this we find that it does not require that in the shop to be certain when hiring, but on the condition that it would be possible future Designation and so we can say that the document is a contract floating and not just a promise to contract. We will see that this contract is a contract commentator on the suspensive condition.
The second argument is that the insured (the insurance company) can not accept insurance these shipments are assertive, you can not reply to this saying that the insurer or its agents are obliged to accept the insurance on all shipments dating back to the insured, and that have an interest in insurance since it clear that his right to refuse insurance.
التسميات
Insurance nautical