The legal value of capacity in the assurance contract
DOI:
https://doi.org/10.59791/ihy.v26i1.4950Keywords:
assuranc contract, capacity, Conclusion of the contract, Nullification, Financial disclosureAbstract
The insurance contract is considered an act that falls between benefit and harm, which makes it a management contract, which gives the issue of eligibility under it a subject of extremely important legal value, as that importance appears through the care that the legislator has decided for the subscriber or the insured who lacks or lacks capacity, by making The insurance contract is voidable, despite its validity, as legislation has recognized its validity, with its possibility of invalidation for the benefit of the insured Or everyone who has an interest in that, given the obligation that subscription imposes on the insured, which is an obligation that would affect the safety of his financial liabilities, and with the intention of not depriving these people of the right to insurance, the legislator granted them protection through the procedure of interdiction and guardianship in a way that ensures their exercise of the right. Insurance without compromising the safety of their financial liabilities.
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