الالتزام بالاخبار في نطاق التامين من الخطر الظني

الملخص EN

In our current study entitled " Commitment to notification in the domain of the presumptiv Insurance" we discuss one of the obligations of the two parties' in the presumptive risk insurance cotract, which is the notification of the insured with the risk.

A discussion was presented about providing statements during the period of validity of the contract by means of identifying the terms of these statements and the extent to which the risk insured upon was fulfilled when providing these statements and information at the time of concluding the contract and the time after it and also the penalty of recoil represented by the addition of statements by the insured in the moment of concluding the contract and after the conclusion.

The importance of the current research is represented by that the presumptive risk which is in the minds of the contractors stands for a risk, which is regarded as one of te risks that can be covered by insurance.

The researcher used the comparative method in the Iraqi and the Egyptian legislations.

the problem of the research lies in that there is no legal rule that categorizes the presumptive risk as a contemporary risks in the technology transfer contracts in particular and in the electronic contracts in general.

In this study, the researcher concluded that some legislations stipulated the voidness of the insurance of the presumptive risk in all its aspects including the French and the Kuwaiti legislations.

From the other hand, there are other legislations, which aknowledged the land presumptive risk such as the Iraqi legislation, while the Iraqi and the Jordanian projects stated nothing about this.

In the end, the researcher reached the conclusion in addition to that he presented a set of recommendations that could be useful for further future studies.