Investigating the ethical foundations, social frequencies, jurisprudence of the realization of the conflict in the insurance contract in Iranian law
Subject Areas : Ethics and Islamic Education
Fatemeh Zarei
1
,
Ali Khalifeh
2
,
Fatemeh Zolfaqharzadeh
3
1 - PhD in Jurisprudence and Fundamentals of Islamic Law, Assistant Professor, Department of Private Law, Faculty of Law, Islamic Azad University, Safashahr Branch, Safashahr, Iran.
2 - Master's degree in Private Law, Faculty of Law and Political Science, Islamic Azad University, Safashahr Branch, Safashahr, Iran.
3 - Master's student in the field of private law, Faculty of Law and Political Science, Islamic Azad University, Safashahr Branch, Safashahr, Iran.
Keywords: insurance contract, Aleatory, Aleatory aspects, Aleatory in insurance, nullity of contract, jurisprudential-legal foundations. ,
Abstract :
jurisprudence of the realization of the conflict in the insurance contract in Iranian law. a descriptive-analytical method with a flash technique has been used. The insurance contract has proponents and opponents. One of the main reasons for the opponents is that the insurance contract is aleatoric. Also, the opponents consider the insurance contract as one of the examples of "guarantee with non-existence obligation" and gambling; then, they consider the insurance contract as a suspended and void contract. It has addressed some of the doubts in this article, by examining and criticizing the reasons for the supporters and opponents of the insurance contract. In terms of ethical and jurisprudence, based on the narrations from the religious leaders, the aleatory contract is forbidden; so that the prohibition of aleatory in transactions causes its invalidity. However, the insurance is a legitimate, independent and enforceable contract, but there is a possibility of making a damage. Aleatory contracts are of the type of transverse and conflicting contracts. The prohibition of aleatory considered by the Shariah is related to contracts of indemnity, and the extension of aleatory to risky contracts such as insurance contracts is without reason. while rejecting the arguments of the opponents, the defect in the insurance contract is an inherent defect and does not invalidate the insurance contract. Therefore, it cannot harm its authenticity.
