The Role of Consent in Liability Insurance Contracts in Construction Companies: Comparative Study

Abstract

Iraqi law does not address the general provisions of the insurance contract and the legal value of the insurance claim. However, French law explicitly states that the insurance claim alone is not binding on the insurer or the insured parties. French law considers the insurer's silence as acceptance of the insurance in the event of a contract amendment. Iraqi and Lebanese law, however, do not contain a similar provision within the general provisions of the insurance contract.
The Iraqi legislator is supposed to add a provision to the general provisions of the insurance contract specifying the legal value of the insurance claim. Since the general rules of Iraqi civil law does not include a provision specifying a deadline for acceptance by the obligor. Rather, the Iraqi legislator must intervene and include in to the insurance contract a provision obligating the insurer to notify the insurance applicant of a negative or affirmative response to his application within a period of fifteen days.