INSURANCE ON THE CIVIL LIABILITY IN THE FIELD OF CONSTRUCTION IN THE ALGERIAN LEGISLATION
Main Article Content
Abstract
Due to big importance of the construction sector, and to achieve the goals of the estate policy in Algeria and the minimal balance between the parties of the construction projects, it is necessary to enact legal provisions and guarantees. In this context, the Algerian Legislator set the civil code, Law 95-07 on the insurance, and Law 11-04 on the estate promotion. Besides, He made the insurance compulsory on the civil liability in the sector of constriction through a set of laws that showed the provisions and the range of enforcement.
This is what shall be discussed in this paper that sheds light on the provisions of insurance on the professional and decennial civil liabilities in the construction sector. Besides, it shows the control on the insurance activity to protect the interest of the insured and the benefiters of the insurance contract.
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References
The official gazette of the Algerian republic, No° 13 of 08/03/1995.
Law 06/04 of 20/02/2006, amends and supplements Ordinance 95/07 on insurances, published in the Official gazette No° 15 of 12/03/2006.
The official gazette of the Algerian republic, No° 5 of 21/01/1996.
The official gazette of the Algerian republic, No° 14 of 03/06/2011.
Article 176 of Ordinance 95/07 on insurances.
Mohamed Hussein Mansour, Architectural Responsibility, New University Publication House, Alexandria, 1999, p. 222.
Mesouda Marouche, entrepreneurship contract in Algerian Civil Law, Magister thesis, Faculty of Law, University of Algiers, 2003, p. 105.
Maskar Saham, sale of property based on designs in real estate promotion, analytical study, Magister thesis, Faculty of Law, University of Saad Dahlb, Blida, 2006, p. 68.
The document of the decennial liability insurance is a compulsory; review: Erzil al Kahna, (insurance companies in the face of real estate promotion activity), Journal of Rights and Freedoms, experimental issue, Biskra, September 2013, p. 101. Decennial liability insurance aims to protect the architect and the entrepreneur from recourse to them or to one of them if the terms of the special guarantee are met, the insurance company substitutes the insured person in the payment of compensation determined by the technical judicial expertise, in order to ensure that the employer receives fair compensation when injured by the construction process. Review Sabahi Rabia, the particularities of civil liability of the architect and entrepreneur after the delivery of buildings in Algerian law", Journal of Rights and Freedoms, experimental issue, Biskra, September 2013, p. 343.
An integral part of the achievement is any element of processing that cannot be removed, dismantled, or replaced without damaging or deleting a substance of this achievement in accordance with the requirements of Article 181 of Ordinance No. 95/07 on insurance.
They are the entrepreneur, the employer, the project owner and representatives of some bodies such as the Construction Technical Supervisory Authority
Article 179 of Ordinance No. 95/07 above provides that the project owner shall:
- Upon conclusion of the contract, the participants in the same project are required to enter into a contract to secure their liability with the same insured person.
- This requirement shall be verified
Review Article 182 of Ordinance No. 95/07 on insurance
Review Article 2 of Executive Decree No. 96/49, which establishes the list of public buildings exempt from the compulsory professional and decennial liabilities
Article 14 of Ordinance No. 95/07 on insurance was amended
Review Article 185 of Ordinance No. 95/07 on insurance
Before the amendment of the insurance law by Law 06/04, there was a control body called control administration entrusted with the same tasks as the Insurance Supervisory Committee. However, this body had additional authority in the field of compulsory insurance such as construction damage insurance, liability insurance by the real estate promoter and the entrepreneur. The control administration determines the tariff or its standards through a proposal from the specialized body in the field of tariff after the National Insurance Board's opinion is expressed in accordance with Article 233 of Ordinance No. 95/07 on insurance.
Articles 209 bis, 209 bis 1, and 209 bis 2 of Act No. 06/04 on insurance.
Article 202 of Law 06/04 on insurance
Article 30 of Act No. 06/04 on insurance provides that in case of an incident provided for in the contract, the insured person shall be entitled to compensation in accordance with the terms of the insurance contract. The reimbursement amount shall not exceed the amount of substituting or rebuilding the property
Article 213 bis of Law 06/04 provides that an insurance fund shall be established by the Ministry of Finance designated as the Insured Person's Fund, which shall be charged with bearing the whole, or part, of the debts. If the insurance company cannot
The resources of the fund shall consist of the annual subscription of the insurance and/or reinsurance companies and the branches of approved foreign insurance companies; however, the subscription amount shall not exceed 1% of the issued premiums.
Article 619 of the Civil Law reads provides that the insurance is a contract whereby the insurer is obliged to give a sum of money to the insured person or to the beneficiary for whom the insurance is required, revenue, or any other financial allowance after an accident or the risk set forth in the contract, in exchange for a premium or any other payment made by the insured person
Article 7 of Ordinance 95/07 on insurance.
Article 622 of the Civil Law.
Article 8 of Ordinance 95/7 on insurance.
In accordance with article 12/1-2 of Ordinance 95/07 on Insurance, the insurer shall pay a compensation for losses and damages resulting from emergencies and damages resulting from the unintentional error of the insured person, or by damages caused by persons whose insured person is a civil official, such as the fault of a subordinate party in the performance of his tasks, regardless the type of error committed, its gravity and the damage caused, as objects under his custody and with the ability to use, manage and control. It is also obliged to provide the service specified in the contract when the guaranteed risks occur or the deadlines set forth in the contract have been met, and the insurer does not commit to any greater extent.
When the insurer prepares a contract of insurance for damages during the performance of work and for professional civil liability, he must declare all known data and circumstances in the question form, to assess the risks on which he is responsible. Moreover, he commits to pay the premiums or contributions within the agreed term, and accurately state the change or aggravation of the risk in accordance with the requirements of Article 15 of Ordinance 95/07 on insurance.