مدى جواز التأمين ضد المخاطر غير المتوقعة

الملخص EN

This study dealt with the extent to which unexpected risks insurance is permissible, and this study was chosen as a result of Corona pandemic conditions, and the resulting closures of all public and private institutions to stop the spread of the virus, and this resulted in negative effects on contractual obligations, including insurance contracts, and this study has scientific and practical importance, because there is no law or regulation that covers this type of insurance, and therefore researching the extent to which there is compulsory insurance, whether on organizations or individuals to cover unexpected risks, and are there difficulties for insurance companies to accept this type of insurance, The aim of this study is the future orientation as a result of the Corona pandemic, and to think about the extent to which companies and different sectors are obligated to include a clause in the insurance contract that covers unexpected risks as a result of the issuance of an administrative decision, for example, such as closures.

In this study, the researcher adopted the descriptive analytical approach, and this study was divided into an introduction and three chapters .

The introductory chapter dealt with the title and the concept of insurance, while the first chapter, which is the largest in the study, was entitled the permissibility of unexpected risks insurance, while the third chapter was entitled: Applications of unexpected risks, pandemic risks insurance, and natural disasters insurance, and the study concluded with the most important results, recommendations, followed by the names of the sources and references that were referenced.

The study reached a set of results, the most important of which are: that all risks are insurable, whether force majeure or natural disasters, when the contract includes a sound place and meets all the conditions of the place and is not contrary to public order or public morals, and when it is agreed between the insurance company and the insured to Insuring the agreed risk, and if the insurance company raises the insurance premium, and the insured is committed to paying the insurance premium, he is not prevented from insuring against these risks, even if they are huge, based on the principle that the contract is the law of the contracting parties, and that global catastrophic events over the past decades, suppose that Insurance companies have extensive experience in dealing with unexpected events; Such as previous epidemics, forest fires, hurricanes, earthquakes and other similar disasters.

The study recommended some recommendations, the most important of which are: the necessity of creating a legal system that covers this type of insurance, and that it be compulsory for private and public organizations and sectors, and the organization of meetings such as seminars and conferences to introduce the importance of unexpected risks insurance, and to spread awareness to promote economic and cultural progress in the Arab community.