The insured's obligation to notify about changes in risk in the insurance contract.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

10.21608/mjle.2025.454098

Abstract

One of the characteristics of an insurance contract is that it is a speculative contract, meaning that neither party can determine the time of the contract in terms of how much it will gain or how much it will give. The amount of profit or loss can only be determined in the future, depending on the occurrence of a probabilistic event or the timing of that occurrence. Therefore, the insurer's bearing of the risks in an insurance contract seems to be a reasonable and logical matter, as it aligns with the probabilistic nature of the contract, and there is no need for a specific clause in the contract to arrive at this conclusion. This fact is clearly evident in life insurance; it is in the nature of this type of insurance that the insurer bears the escalation of risks that arise during the contract, generally without reservations and without being held liable for the risks. A person insures their life against risks that they cannot foresee, and even if they are aware of them, they cannot be certain of when they will occur. Any reservation that restricts the insurer in regard to the escalating risks and obliges them towards these risks ultimately results in an infringement of their personal freedom to engage in various activities and their freedom to move from one place to another, which is incompatible with the requirements of public freedoms and public order.

Keywords