مبدأ المصلحة في نظام التأمين السعودي : دراسة في ضوء الاجتهاد الفقهي و العمل القضائي

الملخص EN

This study examines the principle of insurance interest in the Saudi insurance system, By analyzing jurisprudential opinions and relevant judicial rulings.

The research problem is to what extent the Saudi legislator and judiciary succeeded, through their adoption of the interest in the insurance contract in maintaining the role of this contract aimed at protecting the insured from the dangers that they may be exposed to in one hand and avoiding their exploitation for illegal purposes such as gambling and betting on the other hand.

The study attempted to answer the problem mentioned above by talking about the doctrinal controversy surrounding the adoption of the principle of interest in the insurance contract and its legal adaptation, as well as the objective controls regulating the principle of interest in the insurance contract.

The study has several importance, including such as that there are no specialized studies in this field in the Kingdom of Saudi Arabia.

Among the most prominent findings of this study, is the Saudi legislature adopted the principle of interest in the insurance contract, which Undoubtedly contributed to preserving the role of the latter based on protecting the insured from the insured risk.

However, the Saudi legislator is criticized for not explicitly referring to the necessity of having an insurable interest in personal insurance contracts.