التعاقد لمصلحة الغير في عقد التأمين في القانون السوداني: دراسة تحليلية نقدية

Abstract

This thesis addresses an important legal subject that has not been tackled in great detail, in former studies. This topic is: contracting for the Third Party Benefit under Sudanese Insurance Law: A Critical Analysis. The thesis addresses two significant issues. Section one discusses the regulations and rules to The Stipulation for a Third Person. This section includes: the concept, development, basics and foundations, in addition to characteristics, and then nature and essence of this type of contracting. Section II studies the regulations related to The Stipulation for a Third Person and its development through descriptive. It shall include references, analysis, as well as a conclusion with the results of research. The thesis is not restricted to theoretical aspects only, but it also examines the practical aspects through analysis of issues related to implementation. The subject is studied and analyzed from two different analyses: life insurance in favor of a third person and liability insurance in favor of third parties. The thesis is undertaken as a contribution to legal reforms in the Republic of Sudan, especially as the existing Civil Law suffers from legislative difficulties. This is in terms of secondary legislation and explanatory memorandums for interpretation of the regulations and provisions of law, in addition to conflicting rulings of Sudanese courts. The thesis answers a number of questions on implementation of The Stipulation for a Third Person in insurance contracts in the Sudanese Law in comparison with the Islamic law "Sharia". Descriptive and inductive methodologies, in addition to analytical and comparative methods are applied in the thesis. Moreover, the thesis uses old and modern resources from Islamic and Positive jurisprudences with reference to authenticated viewpoints of Islamist scholars and legal scholars in various aspects related to the subject of the thesis. The thesis concludes with results that indicate the shortcomings in the Sudanese Laws and procedures, while also suggesting solutions for them. Another important result of the study is that the stipulation for a Third Person greats a direct and immediate right for the beneficiary on the basis of the substantive contract according to which it is valet to estipulate for a third person who is an identified or non – existed.