أحكام عقد تأمين الحريق الصناعي في الجزائر.

Abstract

The contract of industrial fire insurance aims to compensate the insured for damages and losses resulting of the fire incident that mainly touches industrial corporations, mines, big stores and warehouses. Since the contract of industrial fire insurance is one of damages insurances contracts, it is naturally submitted to the majority of general dispositions and rules of those contracts, especially concerning their conclusion and their effects. But this contract is characterized by its own specificities and dispositions; it usually concerns guaranties that appear in insured risks and their damages. Insured risks include habitually and essentially fire, explosions, electricity and lightning. Moreover, there are facultative risks which are not limited, that can be insured against an additional premium, which are: natural catastrophe, wars risks, and social risks ...etc. many damages are resulting of those risks, some of them are covered automatically, as direct material damages that touch constructions, furniture and goods, and others are covered against a raise of the premium, as civil liability and immaterial damages; and others are excluded of cover as corporal damages. Furthermore, it is applied on the contract of industrial fire insurance, concerning the conclusion and the effects, the majority of general dispositions applicable on contracts of other damages contracts, because the contract of industrial fire insurance in its conclusion, contains essential clauses such as the consent, the local, and the motive, but the local in this contract has special dispositions, because every contract has its own local. Through those clauses there are operational steps which are the proposition of insurance, the cover note, the insurance policy and its attachment, but the difference is in the nature of information insert in those documents. And effects are obligations of the contract parties; the insured shall, before the realization of the accident, declare the information relating with the risk, pay the premium and declare the accident, and after the catastrophe, he has to establish the estimative damages statement, to establish a detailed report about the accident, in addition to present the necessary documents. In the other side, the insurer commits to pay compensation to the insured after studying the fire accident and estimating the caused damages by a special expertise concerning the important damages. In this estimation he takes in consideration to essential principals which are: the compensatory principal and the relative base, to avoid the abusive richness of the insured. Adding to that, effects of the contract of industrial fire insurance usually expires by the end of the original duration of the contract or by the nullity or the cancelation for reasons determined in law.