الطبيعة القانونية لعقد إعادة التأمين

Abstract EN

Reinsurance is undoubtedly an important technical means on which insurance and/or reinsurance companies rely on to achieve a technical balance in the insurance system.

It is a preventive means of dealing with the possibility of the insurer′s inability to fulfill his contractual obligations due to the possibility of his error in estimating the probability of occurrence of risks between the theoretical account and the practical reality according to the statistical laws, which would make a difference in the account that could put him in front of obligations that he did not envisage.

And the Algerian legislator, in turn, has relied on this technical means in which the insurance company is a party to both contractual relationship, a relationship that arises from the reinsurance contract that binds it with the reinsurer, hence his position in this second relationship changes from an insurer to an insured and here the question of the legal nature of the reinsurance contract arises.