يوجد فقط 14 صفحة متاحة للعرض العام
Insurance contract which organized the relationship between the assuror and assured has a necessity to achieve safety and trust for individuals and groups’ interest who participated in it against to what future hidden from risks that individual cant not bear to face it alone. As it consider in society the true starting for best life in human being. It is including an addition to the secure of man’ life also the safety on his money properties and his life resources all with his mental and educational identity.
Insurance contract in the frame of special international law considered a contract of important contract which needed to clarify in order to build legal system that practice on it. But if the contract itself produced a difficult, there will be no way to search its content but it will be just through searching in its insurance contract root age that distinguished it on what is similar with other contracts which specially reflected on the law that ruled it.
So if we enabled to summaries limited indicators to the importance of insurance contract. This will simplify us showing legal adoptive as a preface to search the most distinguished theories and legal rules which are shaped the international law juries-consults (legal experts) and national organization like the Roma’s convention for the year 1980 and young and Enfris rules concerned with mutual marines looses. In addition to legislations and different laws.
But on the fight of relations’ information for the search which occupied the rules of necessary application of a distinguish place and mixed with rules that left for freedom of the parts and their desires. So it must be shade a light on these rules and norms as regarded, we added another dimensions for the problem of conflict of law in the concern of special national relations. The rules of necessary application are the most rules which to proceed with the nature of insurance contract that gave constant saving stability 9necessary stability) and affirmed insurance for those whose relations will rule by a known law in advance.
And lead to solution justice and established balance in the relation that the equality may occupied between its pats. where these rules usually build on the base of mental relation which linked its content and aims with space of application. And distinguished it on the rules of single approach in attribution (single side) that characterized insurance contracts which organized according to the rules (that applied) within Loyid’s in international organization.
In addition to that, the rules of necessary application were and still in respectable place by international organizations that handled this subject in place of search if it was to the Roma convention or for European direction. Cause it considered from order rules which the nations legislations aimed to achieve certain goals, represented in insurance contract with a protection the week partner (assure) and protected economical basis for these countries.
If the law of necessary application on insurance contract being according to the special supporting limitations to protect the week part with economical and social basis for different countries which are contracted with this contract. So it is necessary to this law to not limit on the subject of contract, that expanding to all its elements except to what is related with insurer qualification which is always being on the shape of insurance company, insurer, and what is related with the shape of contract that represented by (insurance document).
In addition to the claims of insurance contract which were juristic difficulties to what is related to the law that ruled it.
So the Iraqi insurance law of the number (10) for the year 2005 has a special role in the field of rules businesses of necessary application on insurance contract which in its part reflected clearly on the traditional supporting rules (rule of willing law) which is represented in the article (1/25) of the Iraqi civil law.