النظام القانوني للتأمين من المسؤولية المدنية

Abstract

The legal insurance system represents the axis of liability that revolve around him all the topics discussed and analyzed in this Graduation memorandum, given that at present the insurance contracts are important than any other types insurance equalized, especially because of the intervention of the legislature in imposing them in many areas, and seeking to adopt regulations and laws dominated by protectionism to protect unaffected. We studied the general framework for insurance contracts, by its conceptualization while following its creation process until it becomes a stand-alone, explaining the difference between him and other systems like him as the obligation for the benefit of others and disclaimer, by showing its legal nature and its advantage over other insurance contracts that have given him unique special provisions, As we showed the field and scope of this type of contract, Both in terms of securable liability or errors covered by the warranty, and the damage that can be compensated through these contracts, not to mention the determination of the scope in terms of people. For this study we tried to give an image to the practical applications of these contracts through the images of liability insurance that take two faces: one is closely related to one of the other classes of insurance contract as a warranty is included in the contract that interferes with it, either as an independent contract exchange separate special deposit of the other branches of civil liability insurance. We showed these two sides by several examples chosen following two principles: first taking into account the liability insurance propagated by the legislator in Articles 163 to 178 of the law of 07/95. The second taking into account the contracts traded in the practical life. Also we find the evolution of relations between the insurer and the insured on the impact of the civil liability insurance policy, where we tried to deepen us in this asymmetrical relationship by showing the effort both legislative and judiciary to protect the weak in this contractual relationship party expected that the insurance contract is a contract of adhesion, at first when the legislature still want to maintain the balance between the contracting parties, which led to the insured in accordance with the essential requirements and awarded rights to the insurer to enable the realization of security outside the collusion and within equity, which was approved by the legal power and through its continuous efforts. extends given that the ultimate objective of the interventions of both the legislation, Fiqh and legal able to strengthen the center of the insured at the contractual relationship between him and the insurer or the protection of rights of the parties damaged, this right, linked to the rights of the insured, which is derived from the insurance contract, it was worthy we deepen in search of the first signs until his consecration as a special right to undamaged and no other, while switching between features of this law and judicial attempts to adapt it to traditional theories, and what emerged from recent theories, to come in final practice this operation through research in terms of continuing its direct action practice and demonstrate the impact of the impartiality of defenses arising after the accident, to be held insured against insurer to facilitate compensation of damage. Insurance, liability