سقوط حق المؤمن له بالضمان في التأمين الإلزامي من المسؤولية المدنية

Abstract

The concept of insurance emerged from the human being’s innate need to protect himself from risks that threaten his pursuit of goals. This led to the development of methods to confront such dangers through solidarity and collective action when they occur, by cooperating to compensate those affected and to mitigate the financial consequences resulting from these risks.Insurance is not considered a modern contract, but the progress of life and the need for safety made it an important and necessary contract and one of the contracts known among people. This contract includes two parties, an economically strong party, which is the insurer, and a weak party, which is the insured. Therefore, it was necessary to establish a legislative organization that includes all the provisions of this contract and provides full legal protection to the weak party, with the aim of reaching a protective legal system for the insured, starting from the negotiation stage of the contract and ending after the realization of the insured risk and the payment of the insurance amount. Therefore, we will explain in this article the Syrian legislation that regulates cases of forfeiture of the insured's right to guarantee, in compulsory insurance against civil liability.