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الخصائص الخاصة لعقد التأمين على الأقمار الصناعية (دراسة تحليلية مقارنة)
Keywords: special characteristics, insurance contract, satellites, good faith, probability, compliance, international.
PROCEEDINGS OF 8th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law / Tishk International University
Date:1-2. February 2024
Venue: Kurdistan Region- Erbil
ISBN: 979-8-9890269-1-3
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Assit. Prof. Dr. Sidqi Mohammed Amin Dr. Kamaran Mohammed Qadir
Law Department Department of Legal Administration
Faculty of Law, Political, Science and Management Erbil Technical Administrative Institute
Soran University Erbil, Iraq Erbil Polytechnic University, Erbil, Iraq
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Abstract
Insurance contracts, including the satellite insurance contract, are distinguished by the fact that they have some important characteristics that have a special meaning in them. One side of jurisprudence calls them the special characteristics and another side calls them the special features of the insurance contract due to their importance from a practical standpoint in these contracts, and this does not conflict with their presence in the contracts. The other or studying it with the general characteristics as its meaning varies and has a very important role in concluding this contract or not.
Jurisprudence used to study general and specific characteristics as a single unit, but an aspect of Iraqi and Jordanian jurisprudence emerged that worked to separate the special characteristics of the insurance contract from the general characteristics in order to show the importance of these characteristics, even if this trend did not agree on the types of characteristics that are considered special, but this innovation in itself is subject to Of interest, we chose four of these characteristics for their compatibility with the nodes under study and we point out other types included by the new trend while delving into the study.
The characteristics that we will discuss are: good faith, probability, compliance, and internationality. Due to the importance of the good faith characteristic in insurance contracts, jurisprudence has given it multiple descriptions. This importance is due to the fact that the conclusion of the contract depends entirely on it because the insurance company cannot actually understand the reality of the risks surrounding the thing insured and their circumstances except those who Through the statements made by the insured, since honesty and sincerity are qualities that must be present from the beginning of the contract in conveying the necessary information that must be known and providing the insurer with new information during the implementation of the contract and until the contract reaches its end.
Another important characteristic of the satellite insurance contract, like other insurance contracts in international trade contracts, is that it is an international contract according to the standards that were established to determine the internationality of contracts. Among these standards is the legal standard that focuses on the presence of a foreign element in the contract, and the contract under study is often an international contract due to the presence of a foreign element in the contract. This element is present in it, even though jurisprudence has abandoned this standard in favor of the economic standard that focuses on the contract’s connection to international trade, its distinctive role still exists in the judiciary.
As for the characteristic of adhesion, although jurisprudence confirms this characteristic in insurance contracts in general, there are modern opinions that distance the satellite insurance contract from the characteristic of adhesion, which we will refer to in the research. We must point out that this characteristic includes all entities that own large companies, including, but not limited to, satellite manufacturing companies and satellite launch companies.
الخاتمة
بعد أن انتهينا من هذه الدراسة الموسومة بــ (الخصائص الخاصة لعقد التأمين على الأقمار الصناعية- دراسة تحليلية مقارنة)، تم التوصل إلى جملة من النتائج والتوصيات للجهات، أهمها ما يلي:
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