The availability of the compensatory capacity in securing things and people in the Iraqi civil law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 1 part 2, June 2023, Pages 578-595 PDF (584.61 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.140416.1007 | ||
| Author | ||
| Hassan Khamis Jurid* | ||
| المديرية العامة لتربية كركوك/ شعبة التحقيقات/ قسم الاشراف الاختصاصي | ||
| Abstract | ||
| The principle of the compensatory capacity in insurance is based on a basic rule, which is the necessity of commensurate compensation provided by the insurance company to the insured person, with the damage incurred by him, but this rule is not absolute; While there are types of insurance contracts that are fully compatible with it, there are other contracts that are subject to different rules that are not compatible with other insurance contracts, due to the different objectives of each of them from the other, and although the relationship between the insurer and the insured is regulated by the insurance contract concluded between them; However, this did not prevent the emergence of a conflict between the interests of the two parties, and the occurrence of a dispute between them, and the focus of the dispute is always the amount of insurance, so does the insurance company return the insured to the condition it was in before the damage occurred, or is the compensation determined according to the insurance premiums? Hence, the principle of the compensatory capacity in insurance appeared, and it is a principle that, as we shall see, differs according to the type of insurance contract, and about what came in the Iraqi Civil Law of treatments for the principle of the compensatory capacity in insurance for things and insurance for persons, and the positives and similar aspects that accompanied the trend that it pursued. Legal concerns about addressing this issue in order to develop appropriate legal solutions. | ||
| Keywords | ||
| capacity,,; ,،compensation,,; ,،things,,; ,،insurance | ||
|
Statistics Article View: 2,114 PDF Download: 13 |
||