Numerous definitions of jurisprudence Insurance differed among themselves. This is due mainly to the insurance involves two aspects, the first legal side, and the other technician. It is focused on the scholars of the first aspect, highlighting the legal insurance tool, any contract of insurance, and some of them focused on the technical side of the lock on his legal expense. With an audience of scholars argue that the precise definition of insurance must be subjected to the legal and technical side, and only had a definition incomplete. Legal and insurance side is the relationship between the insurer and the insured, and arise from the insurance contract that binds them. This relationship assumes that there is a danger or an accident, feared the insured. The latter seeks to secure itself from this danger, or the incident, and that by contracting with the insurer. It is usually the insurance company. Which is committed to cover this risk when it occurs, in exchange for a certain premium obliged to pay the insured. [5] The technical insurance side, it forgave those individual relationship, and is the technical foundations on which it is based insurer to cover the risk. The insured when his coverage of insured him the danger does not accept it on the face of speculation, but insurance has become a gamble or bet process, [6] and was held illegally, but the insurance company contracted with a large number of insured them and charge them each a certain portion so that when you check the threat to one of them, the company compensated set the premiums charged by the rest of the insured. The company is when determining the premium to be paid to the insured using statistical laws, so that it can be determined accurately in a manner not offered to the loss or serious risk. Thus, while the insurance process based on the insurer cooperation for them to face the dangers they face, and the role of the insured management of this cooperation and organization, based on the technical principles and laws of statistics. [5] It is here it can be seen as taking a lot of definitions of jurisprudence Insurance.
Known French Faqih Marcel Ferdinand پlanyol insurance as «contract of a pledge whereby a person called the insurer to compensate someone else called the insured for the loss probability exposed to the latter, for a sum of money is the premium that the insured has to pay to the insured». [1] and went the side of the Egyptian jurisprudence in insurance defined as «held insured takes it upon himself to a certain range of hazards, Akdan feared they occur, and wants repository not be borne alone, as opposed to making the so-called premium or subscription paid by the insured». [7] has been taken on these two definitions and the like, to look at the insurance of the legal part, just as the contract is between two people, the insurer and the insured, and overlooked technically insurance technical underpinnings of the insurance process, and do not highlight the idea of cooperation between the insured. Also taking on this definition also it is not inclusive definition, it evaluates insurance on the grounds that it leads to compensate the insured for the loss probability, this description is not true only of insurance damage, such as insurance against fire or theft. [5]
And wanted some scholars to define insurance combines technical and legal side, Frvoh that: «technical process carried on its mission regulatory bodies to collect the largest possible number of similar risks, and carry followed by clearing and according to the laws of statistics, it is appropriate that for the insured or his designee, if the check risk insured of it, the financial compensation paid by the insurer in exchange for the first fulfillment of installments agreed in the insurance policy ». [8] and taking on this definition, it is interested in highlighting the technical side of the idea more than his interest in the legal aspect of this idea of insurance, and also took him shortages in some brevity. [9] In an attempt to highlight both sides of insurance, technical and legal, on an equal footing, turn some scholars of the French to establish a legal definition of insurance, followed by the technical definition of this process. Where these scholars believe that the legal definition of insurance contract becomes meaningless unless he completes the definition of a technical process insurance. In this light, I knew Fiqihh Aaڤon Lambert Vaڤr insurance as follows: [10]
The legal definition: the insurance contract under which the insured gets a pledge believer specific performance achieved in the case of danger, in exchange for a certain amount called the premium or subscription.
Technical Definition: Insurance is the process by which the insured shall organize cooperation between a number of the insured are exposed to certain risks, and compensates for the risk come true for him, including thanks to the joint balance of the premiums collected by them.
The definition of the latter credited with highlighting both sides of the insurance process and put it on the same level of importance, without giving priority to one over the other. Nevertheless, it is taken by the separation between the two sides in the definitions of independent insurance in a manner that might suggest it comes to two things separate, with the fact that otherwise, are intended to define insurance, a single process, although there were many aspects. Therefore preferred audience of scholars develop a single definition of insurance flanked at the same time the legal and technical Bjanabih. Therefore it has prevailed in the French Fiqh definition of the jurist Joseph Himar Insurance, where he defined as: «a process in which one of the parties gets, which is insured, peer premium paid by a pledge of the other party which is insured, specific performance when the check agreed by the other party risk, which is insured , whereby the latter pledged to pay a certain performance, so that the insured takes it upon himself to a range of risks, including being the clearing according to the laws of statistics ». [2] and supports the majority of the scholars with the Latin countries the legal system (French) of this definition.
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