Legal discussion of insurance مقاله

خلاصه ماشینی:

Legal Discussion of Insurance Part One Definition of the insurance contract - Article 1 of the Insurance Law defines it as follows: "Insurance is a contract whereby one party undertakes, in exchange for the payment of a sum or sums by the other party, to compensate for the loss incurred in the event of an accident occurring or arising, or to pay a specific sum. And finally, since in these transactions immovable property is customarily placed as collateral, in the event of an accident, the land itself remains and can satisfy the creditor; therefore, there is no reason that the creditor has carried out this insurance transaction without the consent of the debtor and, in addition to the amount of insurance expenses, has added something else as his own expenses and functioning to collect from the debtor; therefore, it must be said that in this case, intent and consent are non-existent or nullified, so insurance cannot be a contract. The discussion of this matter refers to section 4, but it seems necessary to note that: Assuming the lack of capacity of the contracting parties, it causes the invalidity or non-enforceability of the insurance act and will in no way affect the status of insurance as a contract. In this regard, they have gone further (regardless of Article 1 of the Insurance Law) and even despite the explicit Article 10 of the Civil Code, which states: "Private contracts are enforceable for the persons who have concluded them, provided they are not in explicit violation of the law," they have also not considered insurance permissible or legal due to the unknown and ambiguous nature of its subject matter.