واجب المؤمن له بالإعلام عن الخطر المؤمن منه في التأمين من المسؤولية المدنية رسالة ماجستير

Abstract

This study deals with the duty of the insured to inform about the insured risk in civil liability insurance, based on the Palestinian Insurance Law No. 20 of 2005 and the judicial precedents issued pursuant thereto. First, we discussed the issue of the limits of the insured's obligation to provide data related to the risk in the insurance contract from civil liability in terms of the insured's obligation to provide data related to the risk when contracting and the obligation to notify the insurer of the exacerbation of the risk during the validity of the contract, The study also focuses in the second chapter on the forms of breach of the obligation to announce the risk data, in terms of clarifying the penalties related to the declaration of risk data in the case of the insured with bad faith and the insured with good faith, and the forms of breach of the obligation to announce the risk data. The Palestinian legislator has regulated this obligation and the penalties for violating it. However, this regulation is flawed in more than one place, whether it is related to the nature of the obligation to inform and how to implement it, determine its scope, or apply the legally imposed penalties when it is violated.