أحكام الصفة التعويضية للمصلحة في عقد التأمين البحري: دراسة مقارنة

Abstract EN

Insurance is a contract in which the insurer is obligated to pay to the insured or to the beneficiary a sum of money, a tidy income, or any other financial compensation, in the event of the occurrence of the insured accident, in return for premiums or any other financial payment made by the insured to the insured.

every insurance on the existence of a specific interest for the insured, otherwise the marine insurance contract shall be void.

the interest is represented in the legal relationship between the person and the thing insured-as if he was the owner or the owner of a right over the thing- so that he benefits from the safety of the thing, and is harmed by its defect or loss.

hence the necessity of the interest in the marine insurance contract as a branch of insurance for damages a matter dictated by considerations of public order to ensure that insurance does not deviate from its legitimate aims and objectives, by turning it into a process of illegal speculation with the intent of making a profit.

moreover, the authority prevents the marine insurance contract from turning into a gambling or betting operation through the compensatory capacity that ends with it when the insured risk occurs.

that is because whoever has no interest in concluding the marine insurance contract cannot in any way obtain compensation if the insured risk occurred and the loss was realized.