the marine insurance contract


Contracts of transport and marine insurance

Maritime transport is important from both economic and commercial perspectives, as the state depends mainly on this type of transport, both for its exports and for its imports, and the maritime transport contract plays an important role in economic development due to its low costs compared to other means of transport,[1][1] Countries have realized at the present time a basic fact that the suspension or weakness of maritime transport inevitably leads to a deterioration in the economy in general.

Despite the progress of air transport of goods and the doubling of the amount of goods transported by air, maritime transport is still superior in this field due to the large tonnage of cargo ships,[2][2] and the ease of transport by sea.

The objectives of maritime transport cannot be achieved without insurance against damage to the ship. Marine insurance aims primarily to enable the parties involved in the contract of carriage to carry out their commercial operations without bearing the financial consequences that may result from the possible loss of the goods as well as the damages that could be caused. Exposed to the latter as a result of the dangers of the sea.


*The first topic: the maritime transport contract

* The second topic: the marine insurance contract


 In this topic, we will discuss the general provisions of the maritime transport contract (the first requirement), then to the responsibility of the shipping carrier (the second requirement).

It should be noted at the outset that the maritime transport contract is the contract under which the carrier is obligated to transport goods by sea for the account of another person, the shipper, in return for a known fee.[4][4]

Concerning the Hamburg Convention, it was stated in the sixth paragraph of Article One that what is meant by the term maritime carriage contract is the contract under which “the carrier undertakes to transport goods by sea from one port to another in return for a fee…”.
The maritime transport contract, like all other contracts, requires the availability of a set of conditions set by the general rules of contracts, such as location, reason, consent and eligibility, which do not raise any problems. With reference to Chapter 207 of the Maritime Law of 1919, we find that:

“The charter of the ship or the maritime transport contract is proven by a charter, shipping ticket or any other document.” From this chapter, it is clear that writing is not a condition for the validity of the maritime transport contract, as it is a formality of proof and not a formality of the contract. Which is the most formal like English law.

With regard to the parties to the maritime transport contract, we find that it includes three parties: the shipper, the carrier and the consignee.
 As for the shipper, it is noted that Moroccan law used the term “consignor” and did not use the term shipper, which is the most widely used in the sea. For him with the carrier a contract to transport goods by sea, or every person who delivers the goods to the carrier or actually delivers the goods in his name or on his behalf to the carrier within the framework of the maritime transport contract. This definition was adopted by the Moroccan legislator through the maritime bill [5][5].
 As for the carrier, it is either a supplier who owns the ship or a supplier who uses the ship within the framework of the lease contract, who is obligated towards the sender to transport his goods to a port within a certain period and in return for a certain fee, and what will be allocated to the goods is part or the whole of the ship, [6][6] and it has been defined by the Hamburg Convention And the draft Moroccan Maritime Law states: “Any person who concludes a contract or concludes in his name a contract with a shipper to transport goods by sea.”
 Through these definitions, it is noted that determining the identity of the carrier poses several problems, is he mentioned in the bill of lading or the one who actually transported the goods, and this problem was raised before the Moroccan judiciary. [7][7]

As for the consignee, the shipper rarely sends the goods to himself or to his agent, but in most cases he sends them to the consignee who is in possession of the bill of lading nominally or to order or to the bearer, and the Hamburg Convention defines that what is meant by the consignee is the person who has the right not to receive the goods. .

With regard to the substantive elements of the maritime transport contract, they are the goods to be transported, and the freight, where the carrier is obligated to deliver the goods to the port of unloading in return for a fee, and the Moroccan legislator has organized the issue of the wage in chapters 228 to 230.000000000000000000000000
 Similar to other modes of transport, we find that the maritime transport contract is established either through a charter contract, which is a contract that proves the transport of goods without shipping them, [8][8] and the sender or shipper may prefer contracting with the shipping carrier, to transport his goods from the port of embarkation or loading, to The port of arrival or unloading, and in this case the contract is made by means of the bill of lading issued by the sea carrier, and the bill of lading is any document that proves a contract of carriage by sea and stipulates the carrier’s receipt of the goods or shipping them on board the ship and his pledge to the shipper to deliver the goods in return for the recovery of that document,] 9 [9] Chapter 209 of the Moroccan Maritime Law defines the bill of lading as: "a written acknowledgment of the goods received by the shipmaster."
 The obligation that falls on the maritime carrier is an obligation as a result of delivering the goods received by the sender or shipper at the port of shipment, to those who have the right to their safety at the port of discharge, at the agreed time, free of any defect or deficiency.[11] [11]

Any breach of the carrier's obligations entails his responsibility, which is a contractual liability resulting from a breach of a contractual obligation.

The basis of liability is fault, which is assumed by the carrier as stated in Chapter 221 of the Maritime Commercial Law: “The charterer of the ship remains responsible for every loss or injury to the goods as long as they are under his guard…” and also Article 5 of the Hamburg Convention, which considered the carrier responsible for the loss resulting from loss or damage to the goods.
 The main obligation of the shipping carrier of goods under the maritime transport contract is to transport the goods from the port of departure, that is, the port of shipment to the port of arrival, and deliver them to the consignee. It is common knowledge that it is the simple loss or damage resulting from the nature of the transported goods, which the carrier is not responsible for, and this was confirmed by the Moroccan judiciary in a decision of the Supreme Council [12][12] which considered that [13][13] the custom took place from the old on Acceptance of minor shortages and minor damage resulting from the nature of the goods, and the percentage that is considered minor damage has been determined within the range of 2 percent, determined by the court by ordering an expert procedure.
The carrier shall be questioned about the damage or defect inflicted on the goods from the date of his receipt of them until their delivery to the consignee, and he shall also be asked about the delay in delivery after taking into account the agreed period for the delivery of the goods contained in the bill of lading, which was confirmed by a decision of the Supreme Council [14] [14] where It stated: “ accordance with the aforementioned two chapters - Section 221 of QB and Chapter 78 of the Commercial Code - it is confirmed that the marine carrier is responsible for  All the goods delivered to him until the day of their delivery to the consignee, and the Court of Appeal, when it applied the aforementioned Chapter 221, did not heed the requirements of the aforementioned Chapter 78 and considered that the Makari had ended his responsibility for the goods since they were delivered to the shipping office, although the requirements of the aforementioned chapters require otherwise. The sea carrier is responsible until the goods are delivered to the consignee, and the sea carrier has the right to refer to the shipping office if it is his responsibility to do so. 
 Through this decision, we conclude that the responsibility of the shipping carrier continues to the extent of the goods reaching the consignee, but we believe that this decision tightens the direction of the carrier, as how is it possible for his responsibility to remain in place in the case when the goods are out of his custody, and we can ask here about the role of books Shipping goes in this direction a decision of the Supreme Council [15][15], which considered that the carrier is responsible for every loss or damage to the goods as long as they are in his custody. This responsibility is transferred to the shipping office if the loss occurred while the goods were in his custody or he did not express his reservations to Leases on the apparent condition of the goods or on failure to empty all packages as stated on the shipping document.
 In addition to the loss, there is damage to the goods, as stipulated in Article 5 of the Hamburg Convention, where the goods arrive in a bad condition. If the carrier does not mention in the bill of lading his reservations, it is assumed that he has received the goods in good condition, so every damage or defect affects the goods, It is assumed that it occurred as a result of the carrier’s error or negligence, but jurisprudence criticizes the judiciary when it gives the bill of lading absolute evidentiary power in proving the safety of the goods.
 Among the cases in which the responsibility of the shipping carrier arises, we find the case of delay in the delivery of the goods, whereby referring to Article V of the Hamburg Convention, it confirms that there is a delay if the goods are not delivered at the time stipulated in the shipping contract or within the time limit that is It is reasonable to request delivery within it, as Article 456 of the Moroccan Trade Code stipulates: “Transportation must take place within the term specified by the parties or in accordance with commercial custom, otherwise it shall take place within the term considered Accepted.” The shipping carrier asks about the delay, and Chapter 217 of the Moroccan Regime stipulates that: “The party that causes the ship to stop or delay at take-off, during travel or at the place of unloading is obligated to pay compensation to the other party.” The phrases of this chapter are not clear, unlike Article V of the Hamburg Convention, which affirmed in its first paragraph that: “The carrier is responsible for the loss resulting from the loss or damage of the goods, as well as for the delay in delivery.”
 The sea carrier resorts to including in the bill of lading a condition that exempts him from liability when the delay in the delivery of the goods, a condition that is considered void according to the requirements of Chapter 264 of QB. The carrier asks despite the existence of an exemption clause. [16][16]
 In order to determine the responsibility of the shipping carrier, the damage must be proven and it is by all means, and this was confirmed by the jurisprudence in a decision of the Casablanca Appeal [17][17] in which it stated: “…in terms of, in addition to that, it is decided by jurisprudence and the judiciary that it is permissible to prove the damage in the matter of maritime transport By all means, even with defective or incomplete experience, as long as the matter concerns a commercial transaction in which the principle of freedom of proof prevails...".
 It has already been said that the basis of the responsibility of the marine carrier is the assumed error, but in return it remains for the carrier to be exempted from responsibility, so he may be exempted if he proves that the cause of the destruction of the goods, their defects, or the delay in their arrival, is due only to force majeure based on the requirements of Chapter 221 of the BC, which It stipulated that: “The ship charterer shall remain responsible for every loss or defect that affects the goods as long as they are under his guard, and unless he proves the existence of force majeure.” He must prove the necessary care allowance and that what occurred was beyond his control, and this is how it came in a decision of the Court of Appeal in Casablanca [ 18 [18]: “…where the shipping carrier pays by force majeure and therefore His lack of responsibility due to the force of the storm that the ship was subjected to during the sea voyage that took place during the month of February 1978, but the captain should have expected the occurrence of such a storm at this time and taken the necessary precautions to avoid it. It is something that a person cannot expect, while the occurrence of storms during that period is one of the things that can be expected in the winter season, when storms abound…” 
We believe that this decision tightened the direction of the shipping carrier because force majeure is also achieved in the event of impossibility of payment along with unpredictability, and therefore it cannot be held responsible, as the carrier cannot anticipate the force of the storm.

The carrier is also exempted from liability if he proves that the loss of the goods was the result of a fire with which he took all the measures that were reasonably required to be taken to extinguish the fire, avoid its consequences or mitigate it according to the fourth paragraph of Article V of the Hamburg Convention, and under Moroccan legislation, it remains on the carrier's responsibility The marine has the burden of proving that the damage to the goods resulted from a fire that could not have been foreseen, as well as overcoming it, i.e. proving the elements and elements of force majeure in accordance with Chapter 269 of BA.

In the event of a hidden defect in the goods, the carrier shall be exempted as a result of the failure of the sender or shipper in wrapping or packaging, or in the event that the carrier was not informed of the nature of the goods to be transported so that he could take adequate precautions to preserve them as if they were subject to breakage and did not bear a mark indicating That is, [19][19] and the Supreme Council considered [20][20] that the Ports Exploitation Office must cover the goods deposited with it, and therefore the responsibility rests with the Office.

The shipping carrier is not responsible for the loss of the goods or the delay in their delivery, if this is due to saving lives and money at sea.[21][21]

*The second topic: the insurance contract

The insurance institution appeared since ancient times [22][22], where its existence was linked to the state of fear of dangers and securing economic fluctuations by resorting to the idea of ​​solidarity and solidarity between individuals and the person afflicted with loss.

And insurance as a legal system has been linked and developed with the development of maritime trade, whose history is considered part of its history [23][23].

The insurance system first appeared in Europe in the fourteenth century. The oldest insurance policy was concluded in Genoa in 1347, followed by marine insurances in 1370. During this period, the legislative requirements regulating the insurance contract differed. The Barcelona Laws of 1435 regulate the marine insurance contract and its validity. And the practice of mediation in insurance operations, as many countries followed, such as France, which issued the sea guide in the sixteenth century, which was a reference in drafting the provisions of the French marine insurance in the year 1807, but the first law on marine insurance was granted to England in 1601.

As for the Moroccan legislator, considering his Islamic reference[24][24], insurance was not defined in the form that Europe knew until 1879, when this system was practiced by foreign companies such as Spain and Germany in the year 1893, this system was taken to know its way in Morocco by entering protection in 1912 Where foreigners concluded insurance contracts with the aforementioned foreign companies, and the situation continued until 1916, the date of the establishment of the first insurance company in Morocco under the name Morocco, and then the issuance of the first law regulating marine insurance under the Dahir of March 31, 1919 as a code of maritime trade[25]. [25] It was followed by several appearances and Ministerial decisions dealt with aspects of the subject [26][26], but the first insurance company with Moroccan capital was established in 1950 under the name of the Royal Moroccan Insurance Company, and then the number of companies practicing insurance in Morocco increased after independence, which led to the need to The state intervened under the Dahir of March 2, 1973, related to the Moroccanization of some sectors and commercial activities, including the insurance sector. 

And the Moroccan legislator, similar to the French legislator, did not know the insurance contract, but this did not prevent jurisprudence from assuming this task, as some jurisprudence defined it as: a process by which one of the parties, who is the insured, obtains in return for paying a premium on a pledge in his favor or for the benefit of others from the other party, which is The insured has an undertaking whereby the latter pays a certain performance when a certain risk is achieved, by aggregating a group of risks and The clearing procedure in accordance with the laws of statistics, and marine insurance was defined as the insurance of the ship and the goods on it from sea risks [27] [27], and the judiciary, in turn, contributed to defining the insurance contract as stated in a decision of the Supreme Council: The ticket called the insurance ticket that It was drawn up by the concerned party, who will become the owner of the final insurance paper, and obliges the beneficiary to pay the insurance premium in return for the risks borne by the insured. 

It is necessary and sufficient that the insurance ticket be executed as it sees the mutual obligation of the two contracting parties and the conditions imposed by Article 345 of the A.D.C. [28][28].

 The importance of marine insurance is evident in the role that the latter plays in relation to the various stakeholders in the maritime transport process that has already been clarified in the first topic, and it also emerges clearly in the maritime disputes that are usually between the insured.

 *The first requirement: how to conclude a marine insurance contract

*In the second requirement: the implementation of the marine insurance contract


In view of the paramount importance that the insurance contract enjoys, and due to the element it provides of stability and avoidance of surprise, especially in the commercial field, whose volatility increases day by day, especially in view of the vastness of the international market and the need it requires to cross continents separated by hundreds of miles of sea space, companies have emerged Insurance to replace the insured in everything that occupies his responsibility for the marine accident, but this can only be done by the existence of an insurance contract (first paragraph) in addition to his health (second paragraph).

* Paragraph one: Marine insurance contract

The insurance contract is one of the consensual contracts that are established according to the will of the insured and the insured, and it is also one of the contingency contracts [29] [29], on the basis that the risks against which the insured does not know the extent of their possibility of their occurrence, but the question that can be asked is whether consensuality can enrich About the formality in the insurance contract or the matter otherwise?
 Referring to Chapter 345 of the Moroccan Maritime Commercial Code, we find it stipulates the necessity of writing the insurance contract. Thus, the legislator obligated the writing of the insurance contract, but he did not require a special type of writing, as the insurance policy could be contained in a customary or official document, and it could be handwritten or Treatment, but from a practical point of view, most insurance contracts are printed, and the strange thing is that they are all written in French, even though the contracting parties are Moroccans. This may be due to a blind imitation of the French legislation, which obligated under Article 182 of the 1982 law to write the insurance contract in French, so it would be desirable if the project intervened And it is necessary to write the marine insurance policy in Arabic.
 Thus, the insurance policy must be embodied on paper, containing a set of data, including:

* The date of the insurance contract, with an indication of whether it was before or after noon

* The name and domicile of the person who concluded the insurance for his account or for the account of others. In this regard, the Supreme Council decided that not mentioning the name of the insured in the shipping ticket makes it impossible to solve the case [30][30].

* The risks that the insured bears and the time at which these risks begin and the time at which they end

* Amount insured

* The pocket or the price of the insurance [31][31
 The parties are subject to arbitrators in the event of a dispute, if the agreement is signed on this condition, and each of the parties concerned has the right to take a copy of the insurance policy attested to its validity.

This is what the Supreme Council embodied in several decisions, among which we mention the following decision, which states: The ticket called the insurance ticket that was drawn up by the person concerned, who will become the owner of the final insurance paper, obliges the beneficiary to pay the insurance premium in return for the risks borne by the insured.

It is necessary and sufficient that the insurance ticket be executed as it sees the mutual obligation of the two contracting parties and the conditions imposed by Article 345 of the ABC [32][32].
 It should be noted that these requirements are included as an example, but not limited to the parties. The parties can add other requirements, taking into account issues related to public order.

Thus, after the conclusion of the insurance contract, the insurer replaces the insured in bearing the compensation for the damages and losses resulting from the insured risk, but the question arises in the case in which the danger is realized on the same day on which the insurance policy is concluded, does the insurer bear the responsibility or does it mislead An obligation on the insured, in particular, that determining the time of insurance is of great importance?
 To avoid such incidents, the insured and the insured often agree, contrary to the original, that the insurance policy will come into effect after a certain period of contract conclusion, but with that, the difficulty remains in determining the time at which the insurance policy was concluded within the same day and the occurrence of the insured accident. The legislator in Chapter 345 states that it is necessary to clarify whether the insurance took place before or in the afternoon.
 The parties can, at any time of the validity of the insurance contract, introduce an amendment to its contents, and this is done in an appendix, the latter being an integral part of the insurance policy, which was approved by the Egyptian Court of Cassation when it went that it is decided that the appendix to the original insurance policy that he signs The two parties are considered an integral part of it and are incorporated into its terms, and only what is intended to be amended is not copied from these terms.

* Paragraph Two: Conditions for the validity of the insurance contract

The marine insurance contract, as a contract, does not deviate from the general Sharia for the ordinary contracts that require the validity of its establishment the availability of both consent, capacity, place and reason.
 With regard to consent, which leads to a voluntary agreement to create a legal effect, it is reflected in the signing of the document by the insured and the insured, as this document is for proof, not the meeting as we indicated in the first requirement, it is to prove this consensus and its place so that the judiciary can stand the truth of the conflict And the eligibility of each party, but this consent is not achieved despite its expression as mentioned above, unless it is free of defects, which the legislator specifically identified in the Moroccan Maritime Law, as it was considered under Chapter 353 “Every silence and every false statement on the part of the insured would carry The insured believes that the risk is less than what is in fact invalidates the insurance, even if there is no fraudulent intent, and the insurance is void Even if silence or false declaration does not affect the damage or loss of the insured thing. Hence, concealment and false declaration are among the defects of consent that make the insurer a victim of deception by the insured, who is more aware of the risks that he intends to insure against, which made the legislator punish him against his intent. this The trend became a decision of the Supreme Council, in which it ruled that: * The false statement or silence stipulated in Chapter 353 is not fixed unless they change the idea of ​​danger in the believer [34] [34]. In addition to the previous case, there are other cases in which the legislator has declared invalid Agreement on insurance, and the matter is related to the intent of fraud, which leads the insured to conclude the insurance contract after knowing the loss of the insurance shop [35][35] or stating the possibility of the risk occurring in the insurance contract and there is no room for fear of it [36][36]. 


Insurance contracts are management contracts, and the legislator necessitated that the insurer be organized in the form of a joint stock company subject to the tutelage of the Ministry of Finance. For the works he is authorized to dispose of [37][37]


Chapter 346 stipulates that: It is permissible for any person with an interest to insure the ship and its accessories, and the equipment voyages, supplies, navigators’ wages, transport charges, amounts lent at the face of serious risk, maritime profit, cargo shipped on board the ship, the hoped-for profit from these goods and the insurance charge, and in general every Items that can be valued for money and are exposed to navigation hazards.

Proceeding from this chapter, we note that the shop can be a ship as well as a merchandise:
Ship insurance

This insurance does not include only the hull of the ship, but it also extends to include its equipment, any accessories, including equipment masts, supplies and fuel, and this is what we can call insurance on things, as it includes some damages to others and this is called liability insurance.

It should be remembered that the supplier is often insured for the freight for transporting goods or people. In this context, we find Chapter 347 of BC. It states that: If the insurance work is the net freight, then the amount of this fee is estimated in the event of the contract being silent at 60% of the freight. The total freight, however, the insurance on the net freight freight remains rare in practical life, as it can only be imagined in the case of transporting isolated goods.

Goods insurance

Insurance of the goods shall be in the form of a cruise or insurance according to a special policy, either by means of a floating policy or a subscription document.

First: Insurance on the sea voyage or by means of a special policy

The insurance concluded in connection with the sea voyage is called insurance according to a special policy, and this insurance is applied to all types of goods except for values ​​and bank papers that require the approval of the insurer. In all cases, the value of the goods is specified in the contract, and in the event that it is not specified in the contract, it can be proven by invoices and books, and if there is no evaluation, the value is based on the price in force at the time and place of shipment, provided that all duties performed and expended checks are included in this price. Delivery of goods on board the ship and the freight required to be paid under any circumstances, as well as the insurance obligation, as well as the hoped-for profit if necessary (Chapter 342 of BC).

Second: The general document or the subscription document

In this case, the goods are secured from the risks they are exposed to by the so-called floating policy, which is a contract in which the insured and the insured agree to insure all the goods shipped by the insured during a specific period, usually twelve months within the limits of a certain amount, and it is called the floating because the insured does not know The amount of the goods shipped by it sets the general terms of insurance without the details of the shipments covered and these shipments are determined at the actual shipment, and accordingly the insured is obligated before the insured to announce these shipments covered by insurance, a method consistent with repeated small shipments that require the insurer to conclude multiple and successive contracts , were it not for the floating policy.

After the conclusion of the insurance contract comes the next stage related to the implementation of the agreed obligations [38][38] included in the insurance policy or its annexes, and thus the insurance policy arranges obligations for the insured (first paragraph) as is the case for the insured (second paragraph) .

*Paragraph one: Obligations of the insured 

When the insured concludes a marine insurance contract, he is obligated to pay the agreed premium in addition to various ancillary obligations.

The insurance premium is the amount that the insured pays to the insured in return for the latter bearing the risk and the obligation to compensate for it when it is realized [39][39].

This premium is paid either in cash or in kind or in the form of doing work or in the form of a share of the profits, either at the conclusion of the contract or upon the success of the marine mission, but how is this amount determined? What about its performance and guarantees?
 First: Determining the amount of insurance

This amount is specified in the insurance contract or for a specific period [40][40], and in all cases it cannot be according to the insured risks.

It should be noted that not specifying the amount of insurance does not invalidate the insurance contract, since in this case either the legal price of insurance premiums or the reasonable price, if agreed upon, and paid to the insurer are considered.

In ship insurance, the cost of insurance is practically determined in view of the insured value, which is determined by the ship's class and the risk factor.
  As for the insurance of goods, the obligation is determined in view of the danger that threatens the consignment, as well as the nature of these goods, and the parties may agree to pay the premium for insurance duties if the insured undertakes to guarantee some of the excluded risks (Article 11 of the goods insurance policy), but it may be reduced whenever the severity of the goods decreases these dangers. That's because the rule of not changing the premium is not out of the general system.

Second: Fulfilling the duty of insurance and the guarantees thereof

 At the level of practical practice, the fulfillment of this obligation and at the request of the insured takes place in four installments, in the place and time agreed upon in the contract. Thus, we note in practice that the fulfillment of this obligation, in accordance with the requirements of Article 14 of the ship insurance policy, that is, after 30 days, then after 3 months, then after 6 months, and finally after 9 months.
 However, the principle requires that it be paid in full, and thus the guarantee does not start to take effect except from the date of payment.

As for insurance for a specific period, the obligation is due within 30 days of the undertaking to guarantee risks without deduction if the period is less than 12 months and with a discount of 3% if it is equal to this period. As soon as the insured receives the insurance policy, but if the fulfillment does not take place within 8 days, the insurance stops automatically without notice, and therefore the insured does not claim any compensation for the damage that occurred during this suspension, and the insurer of the goods enjoys a privilege over them to ensure the payment of insurance pockets[41] [41].
 In addition to the original obligation owed by the insured, there are complementary obligations mentioned by the legislator in the maritime law, including:

- To give reasonable care to all things subject to insurance.

A declaration to the insured, during the conclusion of the insurance contract, of all the circumstances that are taken into account by the insurer.

Informing the believer of all the intricacies of dangers.

Preserving the rights of recourse against the responsible third party and mitigating the effects of the accident.

Contracts of transport and marine insurance

The insured is also obliged to declare the accident to the insured as soon as it occurs in accordance with what is stipulated in the transport policy, and this declaration must be made within a period of 3 days from the occurrence of the accident so that the insurer can monitor the circumstances in which the accident occurred [42][42].
 Article 366 of BC also requires the insured to take all necessary measures to establish the accidents that occurred to the ship or the insured goods, as well as the reasons for these losses. In practice, this inspection is carried out by the insured's agent at the request of the consignee. Inspection is experience[43][43].

However, it accepts counter-experience within 15 days, and the consignee can even request judicial expertise from the competent court.

 *Paragraph Two: Obligations of the Insured

 The most important obligation on the insurer is to pay compensation when the insured danger occurs. In addition to the risks not covered by insurance, the legislator has worked to exclude some causes of accidents as well as some damages from the scope of this obligation.
Thus, the believer is not obligated to guarantee:

- Damage and material losses resulting from a hidden defect in the insured goods.

Material damages and losses resulting from seizure fines, smuggling, prohibited trade...

Compensation resulting from a seizure or a guarantee made in favor of the objects subject to the seizure.
 Damages that are not related to insured things, such as unemployment, delays, currency exchange rate variations and delay benefits, as well as all damages resulting from a prohibited export or import operation [44] [44].
 If the conditions for the validity of the contract are met and the accident occurred, we move to compensation for it, and that is either through amicable settlement or through the judiciary. In this regard, a decision was issued by the Supreme Council in which it decided: The right to litigation in the name of the insured before the courts, and it is natural that the chosen company, which paid the insured the compensation for the damage, replaces the latter in rights and Claims according to Chapter 367 of the Maritime Commercial Law [45][45], and in this last case we are before a loss claim when the compensation takes the form of cash, and the loss means the loss and damage subsequent to the thing insured. This compensation is calculated based on the damage suffered by the insured. Due to the compulsory nature of marine insurance, it is not possible for the insured to obtain an amount of compensation that exceeds the extent of the damage suffered. 
 Nevertheless, the amount of compensation when paid may be equal to the value of the insured items when the latter is less or more than the real value of those things, provided that the insured is in good faith and still has the right to recourse against the person responsible for the risk. In this regard, the Supreme Council decided that: Paragraph The first of Chapter 367 of the Dahir of Maritime Trade states that the insurer’s payment of the compensations entrusted to him transfers to him by force of law and by subrogation all rights, claims and actions owned by the insured against third parties due to losses and losses that necessitated this payment [46][46] .
 As a result of this, the payment of compensation varies and becomes complicated according to the will of the contracting parties. In all cases, the insurer must pay the compensations he owes within a period of 30 days from the date of the insured's submission of all documents providing that.

It cannot be pursued before the expiry of this period, and the insured's proof of the opposite of what the insured claims does not stop the ruling to pay compensation provided that the insured provides a guarantee, and the sponsor's obligation expires with the passage of two years if there is no follow-up ([47][47]).


Post a Comment

Plus récente Plus ancienne