أثر إعمال فكرة الخطر الظني في مجال التأمين البري و البحري : دراسة في ضوء المشروع المتعلق بالتأمينات لسنة 198- و الأمر 95-07

Abstract EN

The general rule concerning insurance contracts stipulates that the risk which the insurance is all about, has not taken place yet, but it could happen in the future.

Hence, if the risk has happened before the conclusion of the contract then, according to the cited rule, the insurance object is void and the contract itself is null.

Moreover, if one of the contracting parties knew that the risk has happened, the probability condition is no longer satisfied and the insurance contract is not valid.

However, if the contracting parties believe that the risk has not taken place, and after the conclusion of the contract they notice that this is not the case, here we consider that the risk has been judged upon conjectures and can be coined as a presumed risk.