التأمين عن الإصابة الجسدية للرياضي المحترف (دراسة مقارنة)

Abstract

AbstractThe Subject of the Insurance for the bodily injury of the professional athlete is considered one of the important and vital topics at this time, where the risk of bodily injury for the professional athlete is regarded of the risks facing the professional athlete person and is worried him, which seeks to insurance regardless of the sport he acts.Sports injuries cause significant and multiple damages infect many sides, it affects on the harmed player himself, may accident cause to retiring from the practice of sport, And thus negatively impact on family members who were supported by injured player, on the other hand, the injury of the player affects on the sports club, as well as the Sport Union which it belongs the injured player, where injury leads to block the athlete's training program and reduce his will to continue the practice of sport activity, in addition to the wasting of time and money as required expenses for return-injured player to its natural state, and even the state that the injured player plays of him affected by this injury, because the injury may lead to inability this player to participate in continental or international competition which importance of the State. The main objective behind this research is to identify the sport insurance in general and bodily injury insurance for professional players in particular, and to show the importance of this type of insurance in the professional and social lives of athlete.We have reached in this study that insurance for bodily injury for professional athlete is a contract under which insurer obliged to pay the insured amount of insurance specified in the insurance policy complete, when the athlete insured infected bodily injury while practicing for the sport or because of exercise sport During duration insurance contract, And as a secondary insurance company shall pay the expenses of treatment and medication that has been spent because injury, while the insured shall pay insurance premiums to insurance company.And required to cover bodily injury insurance for professional athlete be situated this injury during the game or because of practice sport activity, And injury is considered have occurred while carrying out player of the game sports if incident causing the injury occurred in time and place specified to do carrying out of the game, And the range of the temporal and spatial sport injury be determined at the time and place where the player under authority and supervision of the club he represents.And that the player acceptance of risk sports is not considered in all cases error by the injured player, but if this acceptance of risk includes unusual risks surpass the gravity injury on the importance intended purpose.Regarding to the effects of Bodily injury insurance for the professional athlete it appears in the commitments which the contract establishes it upon two parties, including those related to the obligations upon on the insured and other with regard to the obligations upon on the insured, and the nature of these effects include general obligations arising from the insurance as a binding contract for both sides.In spite of the existence of legislation interested in sports activity, but the Iraqi legislature did not regulate insurance against bodily injury for athletes in specific legislation, unlike some comparative legislation that organized this type of insurance such as French, Algerian and Moroccan legislation. As a result we suggested to the Iraqi legislature to going to approach the comparative legislation in the adoption system of insurance for bodily injury for professional athlete, on condition that this insurance be a mandatory. This is because the insurance gives a great psychological relaxation for athlete and this psychological relaxation extend later to his family as well as extends of the club and Sports Union which the player belongs to. This insurance should be at first restricted and determined to injuries of the Professional players and national team players only and in all sports by placing a special regulation to ensuring these.This thesis is divided into three chapters, we search in the first chapter of what sports insurance, and our search in the second chapter of what bodily injury for the professional athlete, and we dedicated the third Chapter to study the legal effects of bodily injury to a professional athlete.