معايير صحة سقوط الحق في الضمان في عقد التأمين

Abstract EN

The right to security, which was approved by the legislator, whether in the general rules or the special rules under the law, is considered the most important rights that follow the conclusion of the contract in addition to the right to compensation, but this right may be subject to forfeiture, whether by law or agreement, by breaching some obligations and procedures, the loss of the right to security presupposes the emergence or establishment of this right.

forfeiture is regarded as a penalty or punishment inflicted on the right holder, but in return for that, this right does not exist unless certain conditions are met and legally specific procedures are followed that will achieve compatibility between the non-arbitrariness of the buyer in its use on the one hand, and the reparation for the harm suffered on the other hand.