Shop in marine insurance contract (A comparative study)


ABSTRACT :The difficulty lies in eetermining the place of the maritime insurance contract Is the risk a substitute for insurance or the Iraqi legislator in the civil law no40 of1951 was not clear and explicit in determining the place of insurance we can not be in the contract of insurance without risk or interest tamini other than some of the legislation that was clear in the research as there is no iraqr iaw in the iaw of the sea deais with this stratifitation insurante lisies as well as we do not have within our legislation Iraqi maritime trade law so we decided to refer to the general rules in the Iraqi civil law and maritime trade law the ottoman 1965 and some civil laws in the arab civil lidislation such as the law of the Egyptian and other arab laws as well as some trade legislation the study methodology is the method of compaeison with some laws such as French and Egyptian law as well as the jurisprudential side the study aims to determine the place of insurance whether the danger or interest and whether the direction of the comparative legislation was successful in what I went to and for the purpose of taking the subject in all its aspects the definition of insurance contract and then talk about the place an the insurance contract guided by what dealt with the Iraqi law and some of the comparative laws so we will divide the research into three terms we deal in the first concept of insurance contract and the second allocated to discuss the risk as a solution to thi ins urance contract to conclude the subject the latter to discuss the interest as a place to hold insurance.