تكييف عقد التأمين التعاوني : دراسة فقهية مقارنة

Abstract EN

The study focused on a contemporary topic, “adaptation of the insurance contract”, which is the root of the dispute in the provision of insurance in both its commercial and cooperative types, so its precision shall resolve the ruling of the both of them.

in this study- using the descriptive, and juristic approach- i reviewed the meaning of adaptation of cooperative insurance, its legitimacy, compilation of the point of difference in adaptation of cooperative insurance contract, opinions of the scholars related to adaptation of cooperative insurance contract and their deliberation.

the researcher came up with an innovative new adaptation for the cooperative insurance contract that (it is donatory comprising of compensatory) where he divided the contracts into pure compensation, pure donation, predominantly donation and predominantly compensation.

to be noted, the ruling follows the prevailing and predominant, not the rare, the commercial insurance contract is purely a compensative, or the charitable part is rare in it, so the rules of compensation are applicable.

as for the cooperative insurance contract it is more charitable than compensative, so it follows the rulings of charity in which those relaxations are in play which are not in the compensatory.