مدى ارتباط فكرة إزداوجية التعويض بتكييف عقد التأمين : (دراسة مقارنة)‎

Abstract EN

This research discusses an important problem appeared in the scope of application of the insurance contract, which is how to determine the nature of the purpose of its existence, as some jurisprudence went on to say that the insurance contract was found for a compensatory purposes, as is the case in civil liability, their purpose is to compensate for the damage that occurs from one person on another person, which leads to the result that the occurrence of duplication of compensation between the insurance contract and the compensation in civil liability, and thus this is reflected in the possibility of combining between the two compensation or not, while another aspect of jurisprudence went on to say that the insurance contract has no compensatory character, which leads, in this case, to the permissibility of duplication between Compensation in the contract and compensation in civil liability.

A third opinion is the one that the current jurisprudence and legislation and space have stuck to say that discrimination is as compensation in the insurance contract on people and insurance on things, and for the purpose of discussing these opinions, we have decided to divide the research into two requirements, which we follow with a conclusion that shows the most important results of the research.