The emergence of commitment or failure may be commenting on the check suspensive condition, if the condition of the contract and incurred obligations owed by the parties to the contract, but if the condition fails, the contract does not appear to exist and is considered a scratch. Therefore, there are those who see in the document floating contract commentator on the suspensive condition.
Standing requirement in the insurance policy is a floating future shipments shipped to calculate insured or shipments Transfers is - insured - to the detriment of others, as long as there is an interest to the insured in the insurance. The insured must be submitted representations on those shipments according to the time specified in the document floating.
Based on that may not be to the insured that provid acknowledge your shipment certain (or refrain) for filing for shipment another ratio of probability if the risk the vulnerability to damage the largest, but he has to notify the insurance company (insurer) for all such shipments without exception . As the approval or refrain to surrender if dependent on the will and the will of the insured, will make the commitment, commenting on a purely reflex condition, considering that the debtor submit representations is insured.
We believe that for the insured to provide recognition for all future shipments foundation depends mainly on the principle of good faith, which is one of the basic principles in the marine insurance contracts.
It seems that the importance of this principle illustrated in the insurance policy, especially since the floating originally insured depends on the goodwill of the insured in the provision of the declaration of a shipment, be binding on insurance and although he did not know the quantity and type of goods.
Therefore we can say that the insurance policy floating private nature is characterized by, as this nature making insured Center anxious This is contrary to the nature of the insurance contract, which is insured by the center, on the basis that the marine insurance contract is one of adhesion contracts.
The reason for this concern to be insured based on the insured to provide all statements, since they may be insured is the way the foundation for knowledge insured shipments covered by insurance coverage.
Through what has been put forward opinions to determine the legal nature of the floating insurance policy to see that floating insurance policy is a contract of continuing contracts outstanding on the suspensive condition.
Continuity derived in two ways: The first is that the policyholder floating figure is crossing from marine insurance contract, which in turn is continuing contracts, as both parties to the contract of marine insurance is committed in front of the other party what has been agreed upon for the entry into force of the contract.
On the other hand, we find that commitment insurer Does not end insurance particular shipment, but that the insurer is committed to insure all shipments future in which the insured has an interest insurance him, until the end of the period specified in the insurance policy drift, and Not healed insured when insure a particular shipment without charge other.
The fact that the obligations of the parties to the insurance contract pending on the suspensive condition, it and as we pointed out earlier that the insured will not get insurance coverage for any shipment, unless approval thereon within the period specified in the document. And insured even if he knew that there was a shipment did not notify the insured them, it will only be able to claim By annulment with compensation, as it is not able to claim insurance, and so the insurer's obligation to insure the shipment, commenting on approval also.
التسميات
Insurance nautical