الحق التعويضي في التأمين على الحياة و الجهة المستفيدة منه

Abstract EN

Life insurance is a contract in which the insurer promises to pay an amount of money to the family of the insured or to an assigned person.

This is if the insured person died during the contract time and in exchange of the premium payments paid to the insurer.

People who have the goal of preventing their dependents from any kind of damage especially the financial one caused by death are very interested in this kind of contracts .

This paper shows the legal ruling of the amount of money paid to the beneficiary in exchange of the material and immaterial damages which might be caused by the death of the insured person.

This amount of money is determined by the ruler or established willingly by the insured to face the sequences of the possible death in regard of its reason and the party to which this money will be paid, and the one who has the right to determine this party .

Scholars differ about this right and how to give it a juristic adaptation.

The researcher sees that the preferred view is to consider this sum of money as a cooperative donation and a gift from all insured people to the beneficiary or his family members in exchange of the premium paid during the contract period and according to the agreement they had.

This preference gives the insured person the freedom to designate the beneficiary person/s and does not confine it to his relatives or inheritors.

It is a preference according to the study of this issue and the legal evidence, and Allah knows best.