لا ارادية الخطر في التأمين على الكسب الفائت - دراسة تحليلية مقارنة

Abstract

Lost gain is considered one of the elements of compensation in civil liability. In order to be able to insure it, it is necessary to prove that this element has the property of probability, and then the will has no role in its occurence. Thus the application of an involuntary condition of insurance risk occurs then the possibility of insuring it. It must be noted that the involuntary condition on the lost earning insurance risk has an effect on the possibility of insuring it. This is done by showing that the risk of the lost gain is an involuntary risk within the scope of civil liability in its contractual and default forms. The insured person is either the creditor or the debtor in contractual liability, or the victim or the doer of the harmful act in negligence responsibility. Therefore the condition of involuntary risk as a feature of insurance in general and insurance for lost earnings in particular revolves around the principle of the two liabilities. Then we show that the occurrence of the risk of lost gain is involuntary.