Insurance profit is expected in the decades Shipping transmission

M. Khamail Abdullah Al-Hamdani, M.

	Insurance profit is expected in the decades Shipping transmission
Journal of The Iraqi University
Article 1, Volume 2, Issue 28, 2016, Pages 401-418
Author
M. M. Khamail Abdullah al-Hamdani
Abstract
Conclusion 1) The jurisprudence lore after the re- consideration of the legal principles conduct the insurance contract , including the principle of compensation or adjective compensatory appeared that it may be the insurance on the expected profit , as the insurance it does not violate the principle of compensation was also prevalent in the stage of non- vacation insurance profit this is expected to be necessary , taking in the broad sense of the principle of compensation and lack of application in its interpretation . Where it is necessary to balance the interests of advantage insured and the insured in the insurance contract in general and all the legal principles underlying the contract , in particular in the light of this budget . 2) Insurance on the profit expected exception from the general rules which require that insurance be the value of the thing insured only and that it restricts the conditions so as not to get into the circle of the ban and these conditions is that there is a special agreement and an explicit text in the insurance contract on the expected profit and be expected profit , stressing that includes the way the insurance contract is clear way and specific expected profit report . And identify these conditions source from a balance between the interests of the insured and the interests of the insured . 3) Maritime legislation is different in determining how to calculate the expected profit mismatch of assume add 10% of the original value of the goods at the port of shipment , with the possibility to agree the insurer and the insured ( the seller in the sale CIF) at a higher rate and that the decision of the Libyan legislator and the legislator Jordanian and there from calculates the expected profit on the basis of insurance on the goods at their arrival at the port , as is the case in the law of Iraqi Trade repealed No. 60 of 1943, and we see that this decision was permissible in the entry into ending of the Trade Law repealed but not return to can be introduced because identifying a certain specifying relation is consistent with the spirit of the expected profit and the determined conditions for approval . English law has put a different verdict distinction between documents and is the most common value of the expected profit may add value to the insured value of the goods as agreed upon by the insured and the insured of the expected profit may be added according to the agreement . 4) Believe that the legislator in any legal system treatment the issue of the expected profit and for that , the balance between opposing benefits , in the interest of the insured not to enrichment the insured on his account and the interest of the insured in the right to receive compensation for his loss . And that it take into account all this going forward in the legal decisions private on insurance profit is expected that any imbalance in the budget will lead to the invalidity of this decision that the decision of the legislature , and this is difficult, may seem far-fetched, but not impossible for the legislature

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