How Insurance Works

Les caractéristiques du contrat d’assurance


All insurance includes certain elements
needed, in our previous videos we dealt with: the risk, the premium or
the contribution, and the disaster. In this video we will see the features
of the insurance contract by his training, by its effects and by its nature. 1- The formation of the insurance contract: The insurance contract is a consensual contract. It’s a contract formed by consensus, because
that insurance requires the meeting of a offer and acceptance of the by the insurer
and the insured, except for car insurance. If the writing is required, it is only
proof of contract whose conclusion is perfect as soon as the parties agree. 2- The effects of the insurance contract: The insurance contract is a synallagmatic contract with successive execution: -It is a synallagmatic contract as far as where he creates reciprocal obligations
between the insurer and the subscriber, each is creditor and debtor at the same time. So if one of them does not perform his commitment, the other party may abstain
to fulfill his obligation until execution the debtor’s correlative obligation,
and in case of total impossibility of execution or in part, the creditor may request
the judicial termination of the insurance contract and damages. – a contract with successive execution:
be aware that the insurance contract is a successive contract which requires an act of the
time for its execution, specifically in an unknown future that reinforces the character
random. The guarantee is provided for a long duration, which implies the annual payment of the premium. 3- The nature of the insurance contract: The insurance contract is a membership contract, for a fee, random, it is also a consumer contract. – it is a membership contract: because already
the insurer sets general conditions that the insurer can not negotiate, he did not
to accept or refuse the conclusion of the contract. However, he has the right to negotiate with
the insurer the particular conditions of the contract. Due to the seriousness of this imbalance
between the parties to the insurance contract, the legislator and the judge intervene for
the protection of the insured against clauses illegal and illegal, thanks to the texts of
laws, interpretation and the power of modification available to the judge during the interpretation
of the contract. – it is a contract for valuable consideration: All
simply because in an insurance contract, the subscriber must always pay the price
security sold by the insurer. Whether it’s premiums for companies
sales or contributions for companies mutual insurance.
The insurance contract is never free title.
Settlement or indemnification exchange always remains – it is a random contract: because
the insurer and the insured do not know what they will give or what they will take
because the guarantee depends on the survival of a risk that is accidental and unpredictable. – It’s a consumer contract: simply
because the insurance code is governed by the consumer protection that is
the subscriber. So the insurance contract is also a contract
of consumption. To go further, we propose you
some books of insurance law. You can also visit our site
internet www.juristudes.com I put you the link in the description of
the video. It was the characteristics of the contract
insurance. If you liked this video do not hesitate
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Reader Comments

  1. Ce haram l'assurance, ce de l'usure, escroquerie, tromperie oeuvre du diable et des juifs, que Dieu maudits les assureurs, suis responsable et vigilant dans mon bien et Dieu est le protecteur de toute choses. Comment, donc qu'un assureur aurai à payer à ma place (mes dégâts et tords) et pas moi directement à ma victime ou que je perd ou gagne après avoir semé ou perd tout simplement ou gagne tout simplement sans plus ou moins. Mais comment font-ils, (ces assureurs) si ce ne de l'usure qu'ils pratique dont Dieu à interdit (l'usure).

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