De l’application du principe indemnitaire en droit burundais des assurances

Abstract

The application of the indemnity principle generally manifests itself in damage insurance which is subdivided into three main categories, namely property insurance on the one hand, liability insurance and expense insurance on the other. Damage insurance is dominated by two principles which are the compensatory principle and the insurance interest. In property insurance, in fact, it is a specific element of the heritage (tangible or intangible) which is subject to the risk: a building, a car, an object of art, photographic material, etc. The insured must be interested in keeping the thing. This interest will often result from a property right or from the quality of the holder in the case of a claim; the co-owner is interested up to the value of his share. The insurance interest can also be justified by another real right such as a usufruct, a bare owner, a right of emphyteusis, always up to the value of the right in question. The indemnity principle states that the insurance contract cannot be a source of enrichment for the insured. The raison d'être of the indemnity principle is the concern to eliminate the risk of voluntary claims. It permeates indemnity insurance, which owes its qualification to it. This compensatory principle is provided for by article 79 of law n°1/06 of July 17, 2020 revising law n°1/02 of January 07, 2014 on the insurance code in Burundi. Our study was centered on the analysis of the application of the compensatory principle in Burundian insurance law. Damage insurance has been dealt with in depth because the application of the indemnity principle concerns them very much. Finally, we have noticed that the application of the indemnity principle in Burundian insurance law is mainly manifested in property, liability and expense insurance. The Burundian legislator violates this principle by providing for compensation caps for victims of road accidents, which constitutes a real exception to the principle of compensation.