دور قواعد القانون الدولي الخاص في مواجهة تغير موطن المؤمن دراسة مقارنه بين القانون العراقي والمصري والايراني

Abstract

Since the domicile of the insured is included among the elements that make up an insurance contract of an international character, and because of the possibility of changing it in reality with regard to the geographical location or hypothetically with respect to the hypothetical location, and the special provisions that follow that to determine the law applicable to the insurance contract of an international character, the Iraqi Civil Code that regulated the provisions of the domicile It came with provisions directed, in principle, to the internal legal relations of people without special international legal relations, because Iraq is one of the countries whose law takes into account the idea of nationality to resolve issues dealt with by the insured’s domicile in some other countries. Therefore, the commentators relied on the provisions of internal domicile in discussing the domicile provisions International, in contrast to the ideas in the Anglo-American countries, in which the domicile maintained its position in dealing with conflicts of laws and conflicts of jurisdiction without being disturbed by the idea of nationality, and we note that insurance companies impose on the insured to inform the company of any developments, and from here, if a change occurs in the insured’s place of residence Whether this change is by his will or beyond his control, he must inform the company of this change, and therefore the criterion of place of residence can be taken into account at the level of the insurance contract on the part of the insured. In addition, the data that the insured must provide are those data. Which is important for the insurer to know so that he can estimate the risks he takes on. Every statement that would enable the insurer to estimate the risk must be provided by the insured  .