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It is a branch of civil law, insurance law, which has become is of
great importance in contemporary life, and so was the legislation of its
own law in all countries of the world in order to regulate this
activity.So we will try to study this subject through the following points:The first axis: the concept and development of the historical InsuranceThe second axis: the insurance contractWhere we take it: - Staff of the insurance contract- The effects of the insurance contract
- The end of the insurance contractThird: insurance departmentsWhere we take it: - land both types of insurance- Insurance of persons and damage insurance- Auto Insurance- Marine and AviationThe first axis: the concept and development of the historical Insurance
1. The historical development: The insurance system nascent, where the need for insurance first appeared in Europe in the late Middle Ages, was a Marine Insurance is the first type of insurance earlier in appearing where he began to spread in the late fourteenth century was the result of the evolution trade relations between Italy and the cities of the country, located in the Mediterranean basin was limited to goods carried by ships, and did not extend to the insurance on the lives of the passengers and sailors.
[1]If the Marine Insurance is the first types of insurance visible, the land insurance began to emerge in England during the seventeenth century, and was the first picture emerged of the images Wild insurance is the insurance of the fire, after a massive fire broke out in London in 1666 and counts more than thirteen a home and about a hundred church. As a result of this fire involving marine insurance companies to the regular insurance operations against the dangers of fire, and at the same time, several yachts and raised in France, the company's property to secure the fire office insurance companies against fire .venco in England, Several other companies followed in Europe
[2] .Compagnie royale d'assuranceThen it emerged a new photo for insurance, such as liability insurance, and the back of the spread of industry and mechanical machinery and workers' exposure to risks, insurance of work accidents
[3]Then new images Insurance emerged within the twentieth century, including insurance against theft and waste, and the insurance of crops and mechanical machinery is damaged, insurance livestock insurance from injury death, insurance and land transport and insurance of air transport accidents, risks, and insurance arising from the use of corn Risk nuclear tests and insurance satellites.
[4]And it appeared alongside all, compulsory insurance in some types of insurance, such as insurance compulsory from work-related injuries.
2. concept of insurance: can we address in this field to the legal definition and technical definition of insurance.
* Legal concept of insurance: Article 619 BC c stipulates that insurance is a contract the insurer is committed under which lead to the insured or to the beneficiary who spoke on condition of insurance in favor of full of money or income or any other consideration in the event of an accident or if the risk specified in the contract and that in exchange for a premium or any other financial boost performed by the insured for the insured.
[8]Article 2 has been returned from 95/07 Order on insurance about the same definition. [9](L'assuré) and in doing so, there is a legal relationship established by insurance, a relationship between two parties: Insured. (L'assureur) and insured- Insured under a particular risk in money or in person.- The insurer undertakes to cover this risk when it occurs in return it receives from the insured of premiums.There is also a person third in this legal relationship, where it can require the insured to pay the insured amount of insurance in case of danger happening to someone else to be appointed in the contract the insured or his or her parents as children or the spouse,. (Bénéficiaire) This person is called the beneficiaryThrough this definition it can be concluded insurance elements: risk premium and the amount of insurance.: Is the incident, which is likely hindsight, it may not be achieved, if the check-called disaster le risque danger.
[10] (le sinistre): The amount of money that the insurer has committed to pay to the insured versus insured risk cover him.
La prime installment: It Almelg paid by the insurer to the insured or beneficiary l'indemnisation and the amount of insurance or compensationIn order to cover the risk when you bring.
[11]* Technical concept Insurance: Insurance is a process based on technical grounds, including:
1-abundance Act (large numbers) and calculate the possibilitiesLa loi des grands nombres et le calcul des probabilitéThis principle is based on the idea that the believer combines the largest possible number of the insured at-risk insured, with no idea of insurance is based on the exchange of contributing to bear the losses of the insured who collect their money in the form of common stock and to achieve a common goal: to bear the losses and damages, which produces all the dangers that threatened bears every one of them is part of the danger that checks for one of them.le calcul des probabilités and resort to what is called the insurer calculates the oddsSAP meaning the number of opportunities that can be realized with these dangers.
The believer of a particular risk -ahariq example- combines the largest possible number of insured them exposed to this danger, and the estimated possibilities if the risk-any occurrence Ahariq
- for all of them, and according to the laws of statistics and counting the number of fire times that have occurred in the past and the amount of the importance of each fire them, and how check like that, or close to it in the future likelihood, this is intended to estimate the possibilities.
[12]It happens that the insurer can not fulfill its commitment towards the insured was exposed Réassurance
2- reinsuranceInsured example of disaster in money or manufacturer of the security of the insurance company (insurer), and happens to find itself an insurance company in front of commitments did not put it in the account due to an error in calculating the likelihood of the occurrence of hazards, there is no probability calculation corresponds with reality, occurs a difference in the account so that believer finds himself in front of the obligations of the unexpected, but the face of this danger resort insurers (insured) to the means to deal with this situation, and are:: Réassurance- reinsurance styleWe said that the insurance process based on estimating the possibilities according to the laws of statistics and a multitude Act (large numbers)And the insurance company is doing everything in its power in order to calculate an accurate comesArticle 4 of the Order has been defined 95/07 on insurance reinsurance contract that (agreement under which puts the insured or assigns the responsibility Instructor Insurance or assignee of all people insured risks or part of it).
[14]In fact, the re-insurance include four pictures, namely:1. Reinsurance BamahashRéassurance en participation (en quote-part)This is the picture that participate insured restorer with the insured in all insurance operations carried out by the latter, or in total for a certain type of insurance types carried out, half or one-third or a quarter or any other percentage of operations.
[15]Example: in line insurer (insurance company) with the reinsurer to share the latter with him in all insurance policies held by and related to a specific type, for example, by a quarter in each of them, so that if the contract the insurer and the policyholder, the insurance amount which is 200,000.00 DG ( Two hundred thousand dinars) and the amount of the premium is 2000.00 DG (alpha DA), had a reinsurer in this document quarter, so that its share in the premium 500.00 DA charged by the insurance company (insurer) and a share of the insurance amount (compensation) 50000.00 DG is paid by the insurance company (insurer) and in the case if the risk.In this type of reinsurance Reinsurer be a partner in all insurance operations held by the related to this type of insurance, whether insured (insurance company) carry can not these risks alone, so the participation of the reinsurer beneficial to him, because the insurer will not be able to fulfill its obligations to the insured or the insured (the insurance company) alone can carry risks, so the post thus insured restorer him useless, but the loss of him where he shared in the premiums paid by the insured party.The position of Islamic jurisprudence of insuranceJurists split between shows and a supporter and a moderate with respect to their position of insurance1. opposition direction Insurance:Supporters of this trend goes to the introduction of the illegality of insurance in all its forms because, in their view violates the provisions of the Islamic Sharia, and their arguments are as follows:- The insurance contract does not enter into well-known in Islamic jurisprudence, contracts, and those contracts have been received limited to, the insurance contract is a new contract does not enter into these contracts and is therefore a non-permissible.
- Insurance system is not cooperating in righteousness and piety because the rich which provides a substantial amount be given disaster when a higher amount than that which gives the poor the needy who believes in a small amount.- The insurance contract involves the adventure, which is similar to gambling and betting, both of which may not be taking them in accordance with the provisions of Islamic Sharia, as in each risk depends on luck and chance and risk, insurance company and the bookie builds their respective accounts on the basis of the possibility of danger.
- Insurance is consuming people's wealth unlawfully, and the usury element so as not equal to the two countries in the insurance contract between the parties, and the gambling element because the pay
-Awad of hanging insured on the occurrence of danger, and the betting element because the insured is unaware of the money that will be paid, and all this is forbidden in Islamic law .
[19]2. Pro Insurance trend:Supporters of this trend goes to the legality of taking the insurance, and they said that it does not conflict with the principles of Islamic law, and their opinion is based on a set of pillars are:- Islam is people did not limit in certain types of known decades in the heart of Islam, Valacod not specific limited to, Islam has left the door open in order to invent new types of contracts that need time to when the available the necessary legitimacy, such as those required in Radi conditions and the shop and why.Shall insurance system based on the idea of cooperation and solidarity on the mainland to the verse: "and help one another in righteousness and piety, and do not help one another in sin and aggression", constitute insurance is to protect individuals from financial losses they suffer because of the occurrence of hazards. Collective cooperation on the payment of compensation by paying the premiums or contributions prevents big losses to small losses and then distributed to a number of individuals, and this leads to reassure the same individual from the results of the dangers that the bear alone probably went a fortune 20.Shall the insurance contract if we look at it from an economic standpoint, it is not a contract potentially not only for the believer, and not only for the insured, it is not potentially for the believer, as the insurer (insurance company) but takes the premiums of the insured and then re-distributed to the signed the disaster of them, after deducting management expenses, if he is the best estimate the possibilities and commitment to correct technical foundations in the insurance, did not expose himself to the possibility of loss or gain for the possibility of more than expose himself to any other person engaged in trade.
The insurance contract is not potentially for the insured, The contract probability is that the contract depends on luck and coincidence while the insured but are intended to hold insurance just the opposite, he wants to prefer him to avoid Mbgh luck and coincidence, and collaborates with other insured the distribution of the evils of what Ebih luck to all of them 21.3-moderate direction (compromise direction):A number of fatwas issued in this area for bodies and Islamic organizations, and among active organizations in the field of Islamic Research Academy, which was approved in its second conference held in Cairo in 1965, this resolution:
1. The insurance played by cooperative societies and involving gatekeepers to lead to its members what they need of aid and services is legitimate and is such as cooperation on land
2-The state pension system or the so-called social security in some countries and the social security system in other countries, is legally permissible and consistent with the principles of Islamic Sharia.
3-The other types of insurance by companies such as life insurance and liability insurance and the like continue to be studied Conference has decided by a committee gathered scientists and experts in Sharia law and economics and sociology 22I went and Islamic law seminar held in Tripoli in 1972 where he recommended that the works on the occupation of the Cooperative Insurance commercial insurance replaces played by insurance companies. Also confirmed that accidents insurance and other similar authorized to temporarily needed until there is a legitimate alternative.
The life insurance his image his image list haraam because it involves usury 23The seminar also approved the mainstream of social security so rest assured every family to a resource to ensure their livelihood upon the death or disability of a breadwinner or other reasons.
And reached the Islamic Fiqh Academy of the same results, and the Standing Committee for Economic Cooperation and Trade of the Organization of the Islamic Conference at its fifth session, held in Istanbul (Turkey) in 1990 recommended the establishment of a mechanism for the system of export insurance Bam consistent with Islamic Sharia governors and in order to face the risks that can be exposed commercial transactions between Islamic countries.And was the result of this recommendation would have been the conclusion of an agreement between the Member States of the Organization of the Islamic Conference and the Islamic Development Bank in 1992 in Tripoli, Libya, and in order to create "to secure the investments of the Islamic Foundation and export credit."And this institution aims to expand business transactions between the Member States of the Organization, as the institution in accordance with the provisions of Islamic Sharia insurance and reinsurance merchandise exports credit, so indemnify the Insured Tawwada appropriate for losses resulting from riskAnd Algeria has ratified this Convention Bmguetd Presidential Decree No. 96/144 of 23 April 1996, and agreed to contribute to the capital of this institution to a positive Decree No. 96/146 of 23 April 1996The second axis: the insurance contractPreviously we studied in the legal concept of the insurance contract to the definition of an insurance contract as stated in the Algerian civil law in Article 619 and is almost the same definition of the provisions of Article 02 of the Order 95/07 relating to insuranceThrough this definition we can deduce the properties of the insurance contract and its elements.
1. The characteristics of the insurance contract:Insurance holding a consensual contract, binding on both sides, and the netting of contracts and is also contingent contracts (gharar decades)Contrat consensuel a-held insurance holding Rezai, where my will take place as soon as the insured and the insurer agree contrat synallagmatique b-insurance contract is binding on both sidesAs this decade ranks obligations on both sides, the believer has committed to pay insurance premiums and have it on certain maturities sixfold or a year, and the insurer (insurance company) will comply with the coverage of the danger when achieved, and by paying the amount of insurance to the insured 24.
Contrat a titre onéreux c-insurance contract nettingAnd means that both Contracting takes for what Oatty.valmamn takes a counter and is the insurance premiums paid by the insured for the insured as well as H.We receives the amount of insurance in the event of a disaster, but it may seem that the insured does not take counter-offer if a disaster did not occur, where the insured uncommitted something at him, but it is in fact a, contrast that he takes the insured is not the amount of self-insurance, but the opposite is carrying the insurance company to liability risk insured him either if the risk or did not materialize and so every party to the contract of insurance is obtained on the benefit, insured Fmnfh is the safety of the fear of risk 25Contrat aléatoire e-held insurance holding probabilisticWhere the insured does not know the extent that it takes him only if the risk, and the insured (the insurance company) does not know how much they give him to the insured only if the disaster occurred.But this is from a legal standpoint pure, but if we look at the subject from an economic standpoint, and we look at the believer's relationship (insurance company) is not a believer him precisely, but a total of believers to them, shows that the insurance contract is not a contract potentially not for the insured, and not only for the believer to H.
vho not potentially, as for the believer it takes premiums from the insured and then distribute it to the disaster struck by them, after deducting management expenses, if the best estimate the possibilities and commitment to the proper fundamentals of art in insurance, did not expose himself to the possibility of loss or the possibility of the gain more than expose himself to any other person engaged in trade.
The insurance contract is not a contract potentially for the insured, as the decade the probability is based on luck and coincidence, while the insured when he signed the contract, but is meant just the opposite, he wants to prefer him to avoid the consequences of luck and coincidence, and collaborate with others of the insured in order to distribute Itbath luck to all of them, so that if a disaster did not occur, the believer him what losing the premiums paid, as these premiums paid by the insured against the other insured cooperation them with him, and have been associated, and if the disaster have been achieved, the insured did not earn the amount of insurance, this amount is only the compensation of what it has suffered loss and has come such compensation is the fruit of this cooperation 0.26Contrat successif e-held insurance holding timeAnd the time the contract called a continuing contract, be when it extends the implementation of the commitment on multiple periods, since the implementation of the contract not only be immediately after conclusion of the contract, but extends to a certain time, insurance company is committed to a certain length, Vtaathml liability insurer him to risk starting from a given date to the very Maan.
kma the end date of the insured committed at the same time offering a sequential installments over this period, and could offer the premium all at once depending on the nature and type of insurance process 27Contrat d'adhésion and-hold insurance contract complianceAnd we mean contracts comply with those contracts that have to accept one of the parties where a surrender to the conditions dictated by the other party and the insurance contract of adhesion contracts, where the insurer is the strongest side, and does not have insured only come down when the terms of the insurer, but the intervention of the legislature in the organization of the insurance contract to protect the insured tempered arbitrariness insured insured him 28After we talked to the characteristics of the insurance contract, touching now to the insurance elements.
2-insurance elements:By definition, which we were to him in the past to the insurance contract basis of Article (619) Q.m.j and Article (02) of Law 95/07 on the insurance matter, we note that the core element of insurance is insured from danger, and insurance of this risk should the insured to pay the insurance premium, and if the disaster occurred and check it insured risk, the insured pays the insurance amount.Through it all, we have three elements: the danger of it insured, the insurance premium, and the amount of insuranceA risque assuré-risk insurer of it:Can we take here, Hazard identification, conditions, types, and finally address the exclusion of some of the risks of insuranceHazard identificationThe concept of risk in the insurance law differs from the concept of the public, if the concept of risk in the general sense is as threatening the rights of the occurrence of adverse events, the danger sense in the insurance may not only that, but bring in a lot of events and some of the parties unpleasant events which eliminates the idea damage, such as insurance of life to reach a certain age, and there are securing the boys where gone without insured the amount of insurance whenever kicking a boy, and there insurance for the case to stay where the insured has paid the amount of insurance if he lived to a certain date, all of these events are considered happy and incidents with that may insure them.So insured risk it may be a sad like wildfire and theft, disease and death accident, and may be happy such as marriage and birth and survival of the insured alive.And had known al-Faqih "Planiol" The danger that the accident which requires accomplish insured to carry out the commitment to it.Conditions to be met in dangerThere are three conditions must be met are:Shall be the danger of falling is falseIt shall be a risk independent of the will of the partiesIt shall be any danger project is contrary to public order and morals
1-be is the danger of falling investigator:And be a danger of falling is an investigator in the following cases:-kd Be hindsight is inevitable, it may fall and you may not be located and example, fire insurance or theft-kd Be a danger inevitable, but the time it takes place is unknown, and therefore this is an investigator danger of falling, but added for an investigator, and for example, life insurance for the case of death is insurance of death, and death is an investigator and fall, but time it takes place is an investigator.
- The end of the insurance contractThird: insurance departmentsWhere we take it: - land both types of insurance- Insurance of persons and damage insurance- Auto Insurance- Marine and AviationThe first axis: the concept and development of the historical Insurance
1. The historical development: The insurance system nascent, where the need for insurance first appeared in Europe in the late Middle Ages, was a Marine Insurance is the first type of insurance earlier in appearing where he began to spread in the late fourteenth century was the result of the evolution trade relations between Italy and the cities of the country, located in the Mediterranean basin was limited to goods carried by ships, and did not extend to the insurance on the lives of the passengers and sailors.
[1]If the Marine Insurance is the first types of insurance visible, the land insurance began to emerge in England during the seventeenth century, and was the first picture emerged of the images Wild insurance is the insurance of the fire, after a massive fire broke out in London in 1666 and counts more than thirteen a home and about a hundred church. As a result of this fire involving marine insurance companies to the regular insurance operations against the dangers of fire, and at the same time, several yachts and raised in France, the company's property to secure the fire office insurance companies against fire .venco in England, Several other companies followed in Europe
[2] .Compagnie royale d'assuranceThen it emerged a new photo for insurance, such as liability insurance, and the back of the spread of industry and mechanical machinery and workers' exposure to risks, insurance of work accidents
[3]Then new images Insurance emerged within the twentieth century, including insurance against theft and waste, and the insurance of crops and mechanical machinery is damaged, insurance livestock insurance from injury death, insurance and land transport and insurance of air transport accidents, risks, and insurance arising from the use of corn Risk nuclear tests and insurance satellites.
[4]And it appeared alongside all, compulsory insurance in some types of insurance, such as insurance compulsory from work-related injuries.
2. concept of insurance: can we address in this field to the legal definition and technical definition of insurance.
* Legal concept of insurance: Article 619 BC c stipulates that insurance is a contract the insurer is committed under which lead to the insured or to the beneficiary who spoke on condition of insurance in favor of full of money or income or any other consideration in the event of an accident or if the risk specified in the contract and that in exchange for a premium or any other financial boost performed by the insured for the insured.
[8]Article 2 has been returned from 95/07 Order on insurance about the same definition. [9](L'assuré) and in doing so, there is a legal relationship established by insurance, a relationship between two parties: Insured. (L'assureur) and insured- Insured under a particular risk in money or in person.- The insurer undertakes to cover this risk when it occurs in return it receives from the insured of premiums.There is also a person third in this legal relationship, where it can require the insured to pay the insured amount of insurance in case of danger happening to someone else to be appointed in the contract the insured or his or her parents as children or the spouse,. (Bénéficiaire) This person is called the beneficiaryThrough this definition it can be concluded insurance elements: risk premium and the amount of insurance.: Is the incident, which is likely hindsight, it may not be achieved, if the check-called disaster le risque danger.
[10] (le sinistre): The amount of money that the insurer has committed to pay to the insured versus insured risk cover him.
La prime installment: It Almelg paid by the insurer to the insured or beneficiary l'indemnisation and the amount of insurance or compensationIn order to cover the risk when you bring.
[11]* Technical concept Insurance: Insurance is a process based on technical grounds, including:
1-abundance Act (large numbers) and calculate the possibilitiesLa loi des grands nombres et le calcul des probabilitéThis principle is based on the idea that the believer combines the largest possible number of the insured at-risk insured, with no idea of insurance is based on the exchange of contributing to bear the losses of the insured who collect their money in the form of common stock and to achieve a common goal: to bear the losses and damages, which produces all the dangers that threatened bears every one of them is part of the danger that checks for one of them.le calcul des probabilités and resort to what is called the insurer calculates the oddsSAP meaning the number of opportunities that can be realized with these dangers.
The believer of a particular risk -ahariq example- combines the largest possible number of insured them exposed to this danger, and the estimated possibilities if the risk-any occurrence Ahariq
- for all of them, and according to the laws of statistics and counting the number of fire times that have occurred in the past and the amount of the importance of each fire them, and how check like that, or close to it in the future likelihood, this is intended to estimate the possibilities.
[12]It happens that the insurer can not fulfill its commitment towards the insured was exposed Réassurance
2- reinsuranceInsured example of disaster in money or manufacturer of the security of the insurance company (insurer), and happens to find itself an insurance company in front of commitments did not put it in the account due to an error in calculating the likelihood of the occurrence of hazards, there is no probability calculation corresponds with reality, occurs a difference in the account so that believer finds himself in front of the obligations of the unexpected, but the face of this danger resort insurers (insured) to the means to deal with this situation, and are:: Réassurance- reinsurance styleWe said that the insurance process based on estimating the possibilities according to the laws of statistics and a multitude Act (large numbers)And the insurance company is doing everything in its power in order to calculate an accurate comesArticle 4 of the Order has been defined 95/07 on insurance reinsurance contract that (agreement under which puts the insured or assigns the responsibility Instructor Insurance or assignee of all people insured risks or part of it).
[14]In fact, the re-insurance include four pictures, namely:1. Reinsurance BamahashRéassurance en participation (en quote-part)This is the picture that participate insured restorer with the insured in all insurance operations carried out by the latter, or in total for a certain type of insurance types carried out, half or one-third or a quarter or any other percentage of operations.
[15]Example: in line insurer (insurance company) with the reinsurer to share the latter with him in all insurance policies held by and related to a specific type, for example, by a quarter in each of them, so that if the contract the insurer and the policyholder, the insurance amount which is 200,000.00 DG ( Two hundred thousand dinars) and the amount of the premium is 2000.00 DG (alpha DA), had a reinsurer in this document quarter, so that its share in the premium 500.00 DA charged by the insurance company (insurer) and a share of the insurance amount (compensation) 50000.00 DG is paid by the insurance company (insurer) and in the case if the risk.In this type of reinsurance Reinsurer be a partner in all insurance operations held by the related to this type of insurance, whether insured (insurance company) carry can not these risks alone, so the participation of the reinsurer beneficial to him, because the insurer will not be able to fulfill its obligations to the insured or the insured (the insurance company) alone can carry risks, so the post thus insured restorer him useless, but the loss of him where he shared in the premiums paid by the insured party.The position of Islamic jurisprudence of insuranceJurists split between shows and a supporter and a moderate with respect to their position of insurance1. opposition direction Insurance:Supporters of this trend goes to the introduction of the illegality of insurance in all its forms because, in their view violates the provisions of the Islamic Sharia, and their arguments are as follows:- The insurance contract does not enter into well-known in Islamic jurisprudence, contracts, and those contracts have been received limited to, the insurance contract is a new contract does not enter into these contracts and is therefore a non-permissible.
- Insurance system is not cooperating in righteousness and piety because the rich which provides a substantial amount be given disaster when a higher amount than that which gives the poor the needy who believes in a small amount.- The insurance contract involves the adventure, which is similar to gambling and betting, both of which may not be taking them in accordance with the provisions of Islamic Sharia, as in each risk depends on luck and chance and risk, insurance company and the bookie builds their respective accounts on the basis of the possibility of danger.
- Insurance is consuming people's wealth unlawfully, and the usury element so as not equal to the two countries in the insurance contract between the parties, and the gambling element because the pay
-Awad of hanging insured on the occurrence of danger, and the betting element because the insured is unaware of the money that will be paid, and all this is forbidden in Islamic law .
[19]2. Pro Insurance trend:Supporters of this trend goes to the legality of taking the insurance, and they said that it does not conflict with the principles of Islamic law, and their opinion is based on a set of pillars are:- Islam is people did not limit in certain types of known decades in the heart of Islam, Valacod not specific limited to, Islam has left the door open in order to invent new types of contracts that need time to when the available the necessary legitimacy, such as those required in Radi conditions and the shop and why.Shall insurance system based on the idea of cooperation and solidarity on the mainland to the verse: "and help one another in righteousness and piety, and do not help one another in sin and aggression", constitute insurance is to protect individuals from financial losses they suffer because of the occurrence of hazards. Collective cooperation on the payment of compensation by paying the premiums or contributions prevents big losses to small losses and then distributed to a number of individuals, and this leads to reassure the same individual from the results of the dangers that the bear alone probably went a fortune 20.Shall the insurance contract if we look at it from an economic standpoint, it is not a contract potentially not only for the believer, and not only for the insured, it is not potentially for the believer, as the insurer (insurance company) but takes the premiums of the insured and then re-distributed to the signed the disaster of them, after deducting management expenses, if he is the best estimate the possibilities and commitment to correct technical foundations in the insurance, did not expose himself to the possibility of loss or gain for the possibility of more than expose himself to any other person engaged in trade.
The insurance contract is not potentially for the insured, The contract probability is that the contract depends on luck and coincidence while the insured but are intended to hold insurance just the opposite, he wants to prefer him to avoid Mbgh luck and coincidence, and collaborates with other insured the distribution of the evils of what Ebih luck to all of them 21.3-moderate direction (compromise direction):A number of fatwas issued in this area for bodies and Islamic organizations, and among active organizations in the field of Islamic Research Academy, which was approved in its second conference held in Cairo in 1965, this resolution:
1. The insurance played by cooperative societies and involving gatekeepers to lead to its members what they need of aid and services is legitimate and is such as cooperation on land
2-The state pension system or the so-called social security in some countries and the social security system in other countries, is legally permissible and consistent with the principles of Islamic Sharia.
3-The other types of insurance by companies such as life insurance and liability insurance and the like continue to be studied Conference has decided by a committee gathered scientists and experts in Sharia law and economics and sociology 22I went and Islamic law seminar held in Tripoli in 1972 where he recommended that the works on the occupation of the Cooperative Insurance commercial insurance replaces played by insurance companies. Also confirmed that accidents insurance and other similar authorized to temporarily needed until there is a legitimate alternative.
The life insurance his image his image list haraam because it involves usury 23The seminar also approved the mainstream of social security so rest assured every family to a resource to ensure their livelihood upon the death or disability of a breadwinner or other reasons.
And reached the Islamic Fiqh Academy of the same results, and the Standing Committee for Economic Cooperation and Trade of the Organization of the Islamic Conference at its fifth session, held in Istanbul (Turkey) in 1990 recommended the establishment of a mechanism for the system of export insurance Bam consistent with Islamic Sharia governors and in order to face the risks that can be exposed commercial transactions between Islamic countries.And was the result of this recommendation would have been the conclusion of an agreement between the Member States of the Organization of the Islamic Conference and the Islamic Development Bank in 1992 in Tripoli, Libya, and in order to create "to secure the investments of the Islamic Foundation and export credit."And this institution aims to expand business transactions between the Member States of the Organization, as the institution in accordance with the provisions of Islamic Sharia insurance and reinsurance merchandise exports credit, so indemnify the Insured Tawwada appropriate for losses resulting from riskAnd Algeria has ratified this Convention Bmguetd Presidential Decree No. 96/144 of 23 April 1996, and agreed to contribute to the capital of this institution to a positive Decree No. 96/146 of 23 April 1996The second axis: the insurance contractPreviously we studied in the legal concept of the insurance contract to the definition of an insurance contract as stated in the Algerian civil law in Article 619 and is almost the same definition of the provisions of Article 02 of the Order 95/07 relating to insuranceThrough this definition we can deduce the properties of the insurance contract and its elements.
1. The characteristics of the insurance contract:Insurance holding a consensual contract, binding on both sides, and the netting of contracts and is also contingent contracts (gharar decades)Contrat consensuel a-held insurance holding Rezai, where my will take place as soon as the insured and the insurer agree contrat synallagmatique b-insurance contract is binding on both sidesAs this decade ranks obligations on both sides, the believer has committed to pay insurance premiums and have it on certain maturities sixfold or a year, and the insurer (insurance company) will comply with the coverage of the danger when achieved, and by paying the amount of insurance to the insured 24.
Contrat a titre onéreux c-insurance contract nettingAnd means that both Contracting takes for what Oatty.valmamn takes a counter and is the insurance premiums paid by the insured for the insured as well as H.We receives the amount of insurance in the event of a disaster, but it may seem that the insured does not take counter-offer if a disaster did not occur, where the insured uncommitted something at him, but it is in fact a, contrast that he takes the insured is not the amount of self-insurance, but the opposite is carrying the insurance company to liability risk insured him either if the risk or did not materialize and so every party to the contract of insurance is obtained on the benefit, insured Fmnfh is the safety of the fear of risk 25Contrat aléatoire e-held insurance holding probabilisticWhere the insured does not know the extent that it takes him only if the risk, and the insured (the insurance company) does not know how much they give him to the insured only if the disaster occurred.But this is from a legal standpoint pure, but if we look at the subject from an economic standpoint, and we look at the believer's relationship (insurance company) is not a believer him precisely, but a total of believers to them, shows that the insurance contract is not a contract potentially not for the insured, and not only for the believer to H.
vho not potentially, as for the believer it takes premiums from the insured and then distribute it to the disaster struck by them, after deducting management expenses, if the best estimate the possibilities and commitment to the proper fundamentals of art in insurance, did not expose himself to the possibility of loss or the possibility of the gain more than expose himself to any other person engaged in trade.
The insurance contract is not a contract potentially for the insured, as the decade the probability is based on luck and coincidence, while the insured when he signed the contract, but is meant just the opposite, he wants to prefer him to avoid the consequences of luck and coincidence, and collaborate with others of the insured in order to distribute Itbath luck to all of them, so that if a disaster did not occur, the believer him what losing the premiums paid, as these premiums paid by the insured against the other insured cooperation them with him, and have been associated, and if the disaster have been achieved, the insured did not earn the amount of insurance, this amount is only the compensation of what it has suffered loss and has come such compensation is the fruit of this cooperation 0.26Contrat successif e-held insurance holding timeAnd the time the contract called a continuing contract, be when it extends the implementation of the commitment on multiple periods, since the implementation of the contract not only be immediately after conclusion of the contract, but extends to a certain time, insurance company is committed to a certain length, Vtaathml liability insurer him to risk starting from a given date to the very Maan.
kma the end date of the insured committed at the same time offering a sequential installments over this period, and could offer the premium all at once depending on the nature and type of insurance process 27Contrat d'adhésion and-hold insurance contract complianceAnd we mean contracts comply with those contracts that have to accept one of the parties where a surrender to the conditions dictated by the other party and the insurance contract of adhesion contracts, where the insurer is the strongest side, and does not have insured only come down when the terms of the insurer, but the intervention of the legislature in the organization of the insurance contract to protect the insured tempered arbitrariness insured insured him 28After we talked to the characteristics of the insurance contract, touching now to the insurance elements.
2-insurance elements:By definition, which we were to him in the past to the insurance contract basis of Article (619) Q.m.j and Article (02) of Law 95/07 on the insurance matter, we note that the core element of insurance is insured from danger, and insurance of this risk should the insured to pay the insurance premium, and if the disaster occurred and check it insured risk, the insured pays the insurance amount.Through it all, we have three elements: the danger of it insured, the insurance premium, and the amount of insuranceA risque assuré-risk insurer of it:Can we take here, Hazard identification, conditions, types, and finally address the exclusion of some of the risks of insuranceHazard identificationThe concept of risk in the insurance law differs from the concept of the public, if the concept of risk in the general sense is as threatening the rights of the occurrence of adverse events, the danger sense in the insurance may not only that, but bring in a lot of events and some of the parties unpleasant events which eliminates the idea damage, such as insurance of life to reach a certain age, and there are securing the boys where gone without insured the amount of insurance whenever kicking a boy, and there insurance for the case to stay where the insured has paid the amount of insurance if he lived to a certain date, all of these events are considered happy and incidents with that may insure them.So insured risk it may be a sad like wildfire and theft, disease and death accident, and may be happy such as marriage and birth and survival of the insured alive.And had known al-Faqih "Planiol" The danger that the accident which requires accomplish insured to carry out the commitment to it.Conditions to be met in dangerThere are three conditions must be met are:Shall be the danger of falling is falseIt shall be a risk independent of the will of the partiesIt shall be any danger project is contrary to public order and morals
1-be is the danger of falling investigator:And be a danger of falling is an investigator in the following cases:-kd Be hindsight is inevitable, it may fall and you may not be located and example, fire insurance or theft-kd Be a danger inevitable, but the time it takes place is unknown, and therefore this is an investigator danger of falling, but added for an investigator, and for example, life insurance for the case of death is insurance of death, and death is an investigator and fall, but time it takes place is an investigator.
-kzlk May not be the insurance of fines or forfeitures can be judged by a criminal, because all of the fine and the penalty of confiscation, and the punishment must remain a personal interest of public order, insurance is fine or be issued permission void for violating the public order.
-Your Insurance may also be of the dangers of trafficking in slaves, if the security of the slave trader himself, which may fall ill from financial harm because of this trafficking if forced to edit the slave who are trafficked, the insurance contract was a contract void for violating public order and public morals.
-Your May insure their home advantage for prostitution or gambling, if the purpose of the insurance empowerment of these immoral acts, that insurance was helping to create a home or exploited or maintained 33-kzlk Considered illegal, Insurance of error induced issued by the insured, may liability insurance provided that they are the result of an act that is deliberate from the insured and as stipulated in Article 12 of the Order 95/07, which stipulates that "the insurer is committed to compensate ...... losses and damages resulting from deliberate fault of the insured .... "-kzlk It considered contrary to public order, life insurance, if the death of the insured had signed the implementation of the death penalty.
Types of riskWe can divide the types of risk to Tqsemen are different:
1-can be either fixed or variable risk
2-either a threat or is given a certain1-error fixed and variable error:The dangers are not all the same in terms of the probability of occurrence, it may be the degree of probability of constant occurrence, and may be variable-vicu Constant danger, if the chances achieve the insurance period and one does not change in time for the time Akhr.mn insurance is Fire Insurance constant danger, as the fire is likely hindsight one degree, and does not prevent that fire abound in summer and detach less than in the winter, as long as the possibilities generated constant in all the summers and winters at allBut the danger the stability is relative, there is no fixed risk stable at all, no chances to expect changes already, and this does not preclude be a constant danger is relatively stable, and thus most of the insured, including the risks are constant hazards such as insurance against theft and insurance damage to crops, and liability insurance for motor vehicle accidents, as each of these risks can be considered a relatively stable fixed.
F be a risk variable, if the possibilities achieve in insurance for up or Nzula.o it appears in the insurance of life is different if the person insured his life for the case of death, so that earns his heirs to the amount of insurance when he died, he is here to be exposed to the risk of death by the length of his life, However, this risk is changing, the more aging whenever Okpr.valkhtr the risk of death in this case is on the rise, in the sense that change is ascending change.The downward change, so if the security of the person on the life of the state of survival, so that earns a certain amount (the amount of insurance) if he stays alive to a certain length in this case the person believes in himself from danger and is to reach a certain age (and is actually a happy accident, but called risk insurance sense, as we have seen in previous lessons). in this case, the sooner the insured from the end of the specified period, increasing age, and are less likely to stay alive in the sense that the danger is decreasing day by day, and here is a change in descending order of risk variable 34.
2-designate danger and risk is appointed:Designated danger is that the prospect of it at a certain time of conclusion of the contract, such as insurance shop fire Mahal is located, the Secretary on a car-theft insurance on the life of a particular person.
The risk is assigned is the one that prospect is located on the store is a certain time of conclusion of the contract, but must be at the check danger, it is the security of the responsibility for car accidents, have the security risk is not certain where he has not believed the responsibility for the incident, in particular even be a certain risk insurance known at the time, but that the security of the responsibility for any incident occurring in the future, the danger is unknown and not a specific time of insurance, but rather defines and assigns when it breaks 0.35.
* -kto Induced the insured:According to article 12 of the 95/07 it is that "the insurer shall indemnify the losses and damages resulting from inadvertent error of the insured."This means that the insurer is not obliged to compensate the damage, if the danger was caused by sheer will of the insured.
And this provision defects of public order, in the sense that it is not permissible for a believer to agree with the insured to compensate damage caused by the insured voluntarily 36.
2-exclusion of some of the dangers agreement between the two parties:Insured and the Insured may agree to exclude some of the risks of insurance coverage, and from here it shall determine the risk of the insured precision and clarity, and should be excluded risks and strictly defined and clarity as well.Example:If excluded from insurance coverage of responsibility on car accidents each risk is caused by violation of the insured to the traffic law, this exclusion is inaccurate and unclear, while if excluded from insurance coverage of responsibility for car accidents each risk is caused by a driver who does not holds a driver's license, this exclusion is precise and clear and definite 37.
Prime d'assurance b-premium:Insurance premium is the fee paid by the insured for the insured to cover the insured risk Menh.o this contrastLa prime-called premiumCotisation and if the insured an insurance company, so-called subscriptionIf the insured to secure reciprocal 38 Association.And Article 15 of the Order 95/07 relating to insurance that "need to be insured to pay the premium or to participate in the agreed periods" 39.
And the subject determine the premium to various factors depends primarily on the so-called relative to Al Qaeda, and the second on a straight-class elements Proportionnalité de la prime au risqueDifferent.
1-Qaida relative:There is a close relationship between the insurance premium and the insurer from danger, Vkst insurance is calculated on the basis of this danger, so it is a straight-estimate on the basis of the degree of likelihood of danger on the one hand and the degree of gravity of the other 40.
Example:If the insurance company concluded in 1000 the seat of the fire insurance on the cars, and the company estimated that every thousand insurance contract from the fire on the car achieved three fire cases note that insurance, which committed the company to pay the amount is 100 million and is the single value of the car.In this case, the insurance company will be able to pay 300 million based on an estimate of the possibilities set by.
Even the insurance company be able to pay 300 million, must be total premiums ensures that amount, and thus divide the 300 million total insured and Nov 1000 permission300000000/1000 = 300000So it is a net premium is 300 thousand centimes, on the basis that every believer has paid 300 thousand centimes and thus we get the amount that the insurance company be able to pay and it is 300 million centimes.
2-elements Installment:It includes the premium paid by the insured for the insured on two components:La prime pure ou technique net -alkst or artistic installmentLa prime commerciale commercial -alkstThe net premium is the amount that corresponds to the risk is covered completely without increase or decrease 41.
In the previous example is $ 300 thousand centimes is a straight-net, so that the total premiums of 300 million centimes and is the amount that the insurance company be able to meet him at the check danger.But let's say in all of this that the insurance company but brings net premiums of the total insured them, and numbered 1000 in the previous example, the information gathered from that distributes all the three cases that meet the danger which, however, the company through doing this work, costing it costs It must be entered in the account, and addedPrime commercial premium to the net, and so we get the so-called trade with justice, and we mean business premium, premium plus net to the prime inventaire or straight-abstract expensesAnd the material has been provided for 80 of the Order 95/07 on the commercial insurance that the premium or installment abstract is "net premium corresponding to the cost of risk plus incumbent upon the insurer operating expenses.
"So the amount that is added to the net premium is overhead, and include underwriting expenses and the expenses of the conclusion of the insurance contract, and also include the conduct of danger expenses, and are expenses follow danger to see change decrease or increase, and also includes all the other expenses that have insured asylum need in order to cover the risk management Kalmsrova of salaries and wages of workers and the lighting and water expenses, and rental buildings and advertising expenditures in newspapers, radio, television and other expenses.
So all of these expenses and expenses interference into account when estimating the final installment to be paid by the insuredHis 42The amount of the premium or 25% and 20% of these expenses are not simple extent, it has sometimes up toNet 43: La somme garantie c-insurance amountAnd we mean the amount of insurance that amount which la prestation de l'assereur and so-called "performance of the believer"The insurer undertakes to pay the insured, or the beneficiary when the insured if the risk of it 43But here we should know the modalities for determining the amount of insurance, since it's different for the insurance of persons and damage insurance
1. The amount of insurance in the insurance of persons:In insurance of persons no limits on the amount that the insurance company undertakes to pay only the agreement of the parties, any amount agreed upon by the parties abide by the insurance company to pay the insured or the beneficiary upon the occurrence of the insured risk of it, and is, for example, in the case of death, life insuranceIf the insurer's agreed with the insurance company to pay him the amount of 10 million centimes if he stays alive after a certain period, or to be paid to his heirs or persons designated by him, this amount if he dies before the expiration of this period, the insurance company is obliged to pay this amount on time .So in the field of insurance of persons, gets insured or beneficiary on the amount agreed upon in a full decade without diminution and without regard to the degree of gravity of the damage, and as affirmed in Article 60 of the Order 95/07 relating to insurance 442.
The amount of insurance in the insurance of damages:Estimating the amount of insurance stops in insurance of damages on the following factors:
* Determine the amount of compensation on the basis of the amount specified in the contract
* Determine the amount of compensation on the basis of the gravity of the damage to the insured or beneficiary
* Determine the amount of compensation based on the value of the insured thing
* Determine the amount of compensation the intervention of the legislature 451-determine the amount of compensation on the basis of the amount specified in the contract:The first factor is determined by the amount of compensation is the agreement between the insurer and the insured time of conclusion of the contract, it must not exceed the amount that is committed to the insurer to pay the amount agreed upon in the contract, even if the value of the damage of the check incident insured him on this amount, and this is stipulated in Article 629 Q.m.jo Article 130 of the order 95/07 relating to insurance.Article 623 stipulates that the insurer is not obliged to compensate the insured only for damage resulting from the occurrence of the insured risk, provided it shall not exceed the insurance value.Article 13 stipulates that the insurer pays compensation or the amount specified in the contract in order to provide the general conditions of the insurance contract.
2-determine the amount of compensation on the basis of the gravity of the damage to the insured or his beneficiary:Must not exceed the compensation which the insurer is committed to pay to the insured or the beneficiary, the value of the damage actually hit the insured as a result of the accident insured check it, and even the amount agreed upon in the contract of insurance Al increases the value of the damage, it is stipulated in Article 623 Q.m.j aforementionedSo, the performance of the insured in the insurance industry of the damage is determined by the value of the damage, so may not insured or the beneficiary shall be entitled upon the occurrence of the disaster insured ones, more than the value of the damage and because the insurance damage his recipe compensatory, and can not be a source of enrichment .3-determine the amount of compensation based on the value of the thing insured:If performance which is committed to its insured is determined in terms of the amount agreed upon, and on the other hand is determined by the value of the damage to the insured, it is determined from the third hand, the value of the insured thingIf the contracting parties have identified in the contract of insurance amount, and it comes to something the insured, the value of this thing is that determine the maximum performance of the insured, and because the damage can not exceed this value, and as stipulated in Article 30 of the Order 95/07 on insurance46 4-determine the amount of compensation to the intervention of the legislatureIt may interfere with the legislator in some private insurance systems, and so that sets standards and schedules under which determine the amount of compensation, and that's what the legislature adopted under mandatory auto insurance and compensation for physical damage caused by car accidents System Act. And we may Oferdna to this thread where a special part taken up in some detail.Staff of the insurance contractMeets the insurance contract to the availability of pillars like the rest of the pillars of the contract is Alacod.o satisfaction and reason and the shopTherefore, the insurance contract held good between the terminal and are insured and the insured, and that the focus of this satisfaction to replace him is insured risk, and to have a reason that interest in the insurance, these are the necessary pillars availability of the insurance contractLe consentement satisfaction -1And the insurance contract assuré and insured Assureur and entered into the insurance contract between two parties are insuredRight there is compromise with the civil availability and freedom from defects administration, and the insurance contract passes practically stages succession.
So we will look at all of this through the following(A) a party to the insurance contract(B) the existence of satisfaction and health(C) stages throughout the satisfaction in the insurance contractA-party insurance contract:Held insurance contract between two parties: the insurer and the insured.: L'assureur- insured: 11The insurance is based on the idea of contributing to the loss of a number of people and that the insurer intervenes to regulate this contribution, and this organization requires techniques and special techniques can not be performed by someone Tabiei.o Hence, a believer can not be the only company to take a forms stipulated by law, and at the same time enforcing the law that these companies are under state controlA-form of the insurance company:Article 215 of the Order 95/07 on insurance that "insurance companies under reinsurance or in composition to the Algerian law and take one of the following two forms: with shares of the company, a company with a synergistic company collaborativeFrom this text we are in front of three types ofInsurance relationship, Les intermédiaires d'assurance Insurance BrokersBasic principle is that the insurance company directly contracted with the insured, but it can be for the insurance company to resort to this contract to intermediaries up by them to the public and for the purpose of bringing the largest possible number of customers and access to secure applications, and these middlemen so-called "insurance brokers"In the past, before the issuance of the 95/07 relating to insurance was not known brokers, where the national insurance companies contract directly with the insured system, however, and under the command 95/07, which took a new turn in the field of insurance policy appeared brokers insurance systemAnd is 95/07 may be provided for insurance brokers, and subsequently issued Executive Order 95/340 to determine the conditions for granting insurance brokers, dependence and civil professional and dragged them and monitor them, and was issued by the Executive Decree No. 95/341 containing the Basic Law, the general agent for insurance.
According to Executive Decree 95/340 it is considered a broker to secure everyone has put general agent for insurance orInsurance brokers putL'agent général d'assurance first-Solicitor General Insurance:The general agent of the insurance broker for the insurance, and the law may set conditions for admission to the profession of the Solicitor General Insurance, as there holding the appointment of Solicitor-General Insurance (agency contract)A-conditions for joining the profession of the Solicitor General Insurance:Article 253 stipulates the order 95/07 relating to insurance that the Solicitor General Insurance Company is a natural person or several insurance companies under contract of appointment contained in this capacity AatamadaAnd may the Executive Decree No. 95/340 conditions for granting accreditation so that must be a student reliance good manners, an Algerian nationality adults 25 years of age, and having the professional competence required and that possesses the required financial guarantees, as the Solicitor General Insurance must be filed as collateral Mali ensure the public Treasury or bank guarantee worth 500,000 dinarsB-agency contract:Proceed Solicitor General Insurance duties in accordance with the contract of appointment which includes the adoption by the insurance company, and so there must be a contract between the appointment of the Solicitor General Insurance and the company concerned.And the appointment contract is a written agreement specifying the conditions under which the Solicitor General shall exercise its functions in accordance with the order 95/07.And it gave the legislator under the command 95/07 to hold the appointment recipe agency contract.And command text 95/07 that it should be on the Solicitor General Insurance to allocate production of the company or companies represented about insurance operations, which was adopted for it and so the Solicitor General Insurance linked insurance company under the agency contract, it represents the company as an agent, and puts its efficacy and agency services public disposal and the company he represents as the tasks entrusted to him to calculate this company or companies and the contract service determines the general agency services, and determines the Solicitor General insurance and tasks that regulates the relationship between him and his client, according to the contract model to change and subject to the determined bases namely: the productive base of the franchise and the franchise regional base3:Solicitor General Insurance unique to the completion of the business set out in the contract and unique Ptsaerha, the insurance company can not be limited to one agent, and appointed to the operations of the same insurance if the volume of business requires, agent or other agents in the same circle, and as stipulated in Article and the Executive Decree No. 95/341 on the basic law Solicitor-General insurance.
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