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Le recours de l'assureur en droit français et en droit koweitien

Abstract : On the basis of the simple observation that the insurer finances the indemnity that is paid to victims from the premiums paid by the insured party, the notion that, in certain cases, recourse can be instigated by the insurer against the perpetuator of the damage may appear somewhat curious. However, for numerous reasons, this recourse is permitted in both French and Kuwaiti law. It has even been on the increase, and can be instigated not only against responsible third parties but, on occasion, against the insured party itself. Nevertheless, doubtless because it reflects a rather conflicting conjunction of insurance law and liability law, the recourse of the insurer, in spite of the enshrining in law in both legal systems, gives rise to a great many difficulties. These can be grouped and discussed under three main headings: the principle of recourse itself, its scope, and, finally, its practical application. To undertake a comparative analysis of these questions as regards French and Kuwaiti law requires enlarging upon and detailing the legal nature of the recourse of the insurer as well as its framework. Although both legal systems are very similar to each other, the differences observed take on an even greater significance and call for explanations. The comparison can therefore be considered as beneficial, in some cases as regards the interpretation and appreciation of French law, but more importantly for the development of Kuwaiti insurance law as certain insufficiencies have come to light since its recent creation.
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Submitted on : Tuesday, April 24, 2018 - 4:09:41 PM
Last modification on : Tuesday, March 2, 2021 - 3:10:51 PM

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  • HAL Id : tel-01777025, version 1



Khaled Jassem Al Hendyani. Le recours de l'assureur en droit français et en droit koweitien. Droit. Université Nancy 2, 1995. Français. ⟨NNT : 1995NAN20024⟩. ⟨tel-01777025⟩



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