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Register a new userLegal Rooting of the Obligation to Declare the Risk in the Insurance contract
التأصيل القانوني للالتزام بالإعلان عن الخطر في عقد التأمين
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يعد التزام المؤمن له بالإعلان عن بيانات الخطر المؤمن منه أهم الالتزامات المترتبة على عقد التأمين. فعلى أساس هذا الإعلان يتمكن المؤمن من تحديد جميع شروط التعاقد.
The insurer's obligation to declare insured risk data is the most important obligation in the insurance contract. Based on this declaration, the insured is able to determine all the terms of the contract.
References used
Abu Al-Saud, Ramadan, 2000, Assets insurance الطبعة الأولى، دار المطبوعات الجامعية، الإسكندرية.
C. Dubreuil, 1992, le contrat d'assurance, in la bonne foi, journée louisianaises, TOME.XL, Paris
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One of the most important marine sales, and the most dealing with international trade contracts, is the FOB sales contract, which is the delivery on board the ship, and it is no secret that the obligations of this contract are the responsibility of b
oth the seller and the buyer, both. The most important obligations of the seller in the case of selling the goods under the FOB contract, the obligation to deliver the goods, as the seller, once he delivered them on board the ship, transfers the ownership of the goods to the buyer, and accordingly moves accordingly the risks that they may encounter across the sea.
However, the seller may refrain from delivering the goods, and this has many implications, especially the most important one is to give the buyer the right to request in-kind implementation or the termination of the FOB contract, which constitutes a breach and disruption in the level of international trade as a whole, given the complexity of the commercial relations that arise from this contract, on the one hand On the other hand, the seller’s failure to deliver the goods is considered to be the loss of the trust that forms the basis of the commercial deal.
Stock broker has a pivotal role in the securities trading process, The
exchange of purchase and sale of securities achieve only by brokers
authorized by the market to buy and sell securities for the benefit and
account of clients .
The risk management one of the most important pillars of
corporate governance, and play an important role in protecting the
company from external threats and opportunities exist to achieve
the objectives of the company, and in order to fulfill its
duty to the
fullest risk management need to follow a legal approach in their
work, or guided by the principles and standards set by
organizations or committees international protection for the sector
given as a committee of the Basel to protect the banking business,
as the general principles of risk management is to identify,
evaluate and measure and control the risks according to specific
strategy adopted risk management, and can therefore risk
management in companies that take the general rules laid down by
the international committees to suit the nature of its business.
Issues relating to the will in contracts usually cause a lot of
difficulty. This is because will is clearly related to the mental
and personal elements. Difficulties arise in defining the concept
on the first hand, and in proving it on the other.
Hence, the
issue of intention to donate, which forms the mental element of
the Grant Contract.
This study attempts to simplify this difficulty by discussing the
function of the intention to donate in Grant Contract.
The function of intention to donate in Grant Contracts is
twofold: formative and normative. By formative is meant the
role of intention to donate in the formation and creation of the
Grant Contract as seen in the elements of the contract.
Normative refers to the role of intention to donate in
distinguishing the Grant Contract from other legal actions,
which might overlap with it in some actual cases.
Syrian Legislator and UNCETRAL rules, have declared that
electronic offer authoritative, and gives the electronic offer as
authentic as traditional offer, and have the same legal effects.
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