أحكام الصفة التعويضية للمصلحة في عقد التأمين البحري : دراسة مقارنة

Abstract EN

Insurance contract, in which the insurer is obliged to lead to the insured or to the beneficiary a sum of money or salary income or any other financial compensation, in case of accident insured against him, in exchange for installments or any other payment by the insurer to the insured.

Which requires that each insurance on the existence of a certain interest of the insured, otherwise the contract of marine insurance is null.

The interest is the legal relationship between the person and the insured person - as if he were the owner or the owner of the right to the thing - so that he benefits from the safety of the thing, and is affected by his injury or loss.

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

The interest also prevents the maritime insurance contract from being converted into a gambling or betting process by means of the compensatory nature to which it ends when the insured risk occurs.

The person who has no interest in the conclusion of the marine insurance contract cannot in any case be compensated if the insured risk occurs and the loss is realized.

The applicant must have an interest in the conclusion of the contract if the risk is realized and the loss occurred in order to obtain compensation commensurate with the damage suffered.