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Insurance in Practice, Law, and Judiciary (2-Volume Set) by Bahaa Bahij Shukri
JOD
Get it by 5 Aug | Order in 3 Hours 15 Minutes
Forty-five years ago, specifically in mid-1960, I published my first book, 'The General Theory of Insurance.' At that time, I was the Assistant Director-General for Technical Affairs at the state-owned National Insurance Company and a lecturer in insurance at the Higher Institute of Accounting. That book was the first of its kind in Iraq on the subject of insurance, explaining and clarifying its technical and legal aspects. Contrary to my expectations, it was exceptionally popular, with all copies selling out in a record short time. Perhaps the main reason for this popularity was the desire of those working in the insurance field to learn about the theoretical, technical, and legal principles that govern the system—knowledge that was not readily available due to the scarcity of Arabic resources at the time. Most existing sources were limited to explaining the legal aspects of the insurance contract without delving into its complex technical dimensions.
Despite numerous requests to reprint the book, I chose to wait to prepare another work that differed in style, organization, and structure. This new work offers a more in-depth and detailed explanation of the theoretical and practical aspects of the insurance system, highlighting the legal relationship between the insurer and the insured, which is the cornerstone of its operation. I have based this work on the terms of insurance policies derived from English positive law and the customary rules of English Common Law, comparing them with the provisions of Iraqi, Egyptian, Syrian, Lebanese, and Jordanian laws as examples of Arab legislation. The research is supported by judicial rulings that interpret the conditions underlying the insurance system and the formalities of concluding and executing these contracts. This allows the reader to understand the direction of the Iraqi and Arab judiciary in accepting or rejecting the established practices of the English insurance market, which have been inherited by other markets, including those in Iraq and the Arab world, and incorporated into their standard insurance policies.
Now, after gaining over forty years of practical experience as a lawyer specializing in insurance cases, an expert witness in court, and a member or chairman of numerous arbitration panels, and with the Iraqi insurance market resuming its former dynamism by allowing the private sector to establish private insurance companies, I find the time is right to prepare this work. My goal is to provide those working in and interested in the field of insurance with the culmination of my theoretical and practical experience.