Fire Insurance Contract

Abstract

This study aimed to analyze fire insurance contracts from a legal perspective, highlighting their concept, characteristics, and the legal principles upon which they are based. The study was divided into two main sections: the first section focused on the nature of fire insurance contracts, defining the contract as a legal agreement in which the insurer is obligated to compensate for damages caused by fire under specific conditions, in exchange for a premium paid by the insured. The characteristics of the contract were also explained, such as it being a temporal, reciprocal, and consensual contract, in addition to its compensatory nature, which aims to repair damage without enriching the insured. The second section addressed the legal aspects of the contract, including the fundamental principles on which it is based, such as the principle of insurable interest and the principle of utmost good faith, both of which are essential conditions for the validity of the contract. The study revealed that the insurer can reclaim paid compensation from the insured if the damage is caused by the insured's dependents, and that the insurer remains liable for damages resulting from spontaneous combustion. The originality of this study lies in providing a comprehensive and precise analysis of fire insurance contracts within the Palestinian context, with a focus on the legal rules governing the relationship between the parties. Additionally, the study offered practical recommendations for developing the fire insurance sector in Palestine, making it a valuable contribution to the legal literature related to this field.