تغير الخطر في عقد التأمين و الآثار المترتبة عليه : دراسة مقارنة

Other Title(s)

The risk change in the insurance contract and its effects : comparative study

Dissertant

مراجع، آية سالم محمد

Thesis advisor

أبو الهيجاء، محمد إبراهيم

University

Middle East University

Faculty

Faculty of Law

Department

Department of Private Law

University Country

Jordan

Degree

Master

Degree Date

2019

English Abstract

This study tackles the matter of risk's change in the Insurance policy and implications thereof.

We employed herein the descriptive analytical methodology to discussing the definition of risk factor in the insurance policy, various trends and conditions to be fulfilled to validate the possibility to be included in the relevant insurance policy.

However, we touched highlighting the risk change essence images and reach at a conclusion that circumstances surrounding the insured risk, while the relevant policy is valid, is free of any probabilities; either to increase, decrease or lapse of the respective risk.

We could display the conditions, which should be made available therein in order to be reliable.

This paper also drives at assessing the stand of Jordanian and Libyan legislators in organizing the effects of risks changing.

The paper concluded that the Jordanian civil legislator, even though he organized some of such issue within legislative provisions, but such organization is still ambiguous and not completed in many aspects.

Whilst, the Libyan civil legislator did not organize this issue within legislative provisions but he assigned such process to the insurance norms, which originates many problems.

This is highlighted once comparing each of it to some other laws that tackled organizing our study subject in more accurate manner.

This study set our many recommendations as follows: - The Libyan civil legislation shall include provision to bind the insured party to declare circumstances of risk aggravation - Setting out procedures that are intended to carry out such commitment within legislative provisions, in each Jordanian and Libyan civil laws.

- Adopting certain options, that determines the policy role on risk aggravation in both laws.

- The Libyan and Jordanian law have to treat risk decrease matter.

- Adopting the applicability, in terms of premium split, within express legislative provisions to determine the premiums' upshot, which were paid in advance, once the risk accrual become impossible during the insurance policy validity.

Main Subjects

Law

Topics

• Civil law
• Risk management
• Jordan
• Libya
• Insurance policies

No. of Pages

97

Table of Contents

• APA
• MLA
• AMA

Language

Arabic

Data Type

Arab Theses

Record ID

BIM-915270