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SAADA insurance company v Abdel kader Bouhdidi

Country/Territory
Morocco
Type of court
National - higher court
Date
Jan 31, 2012
Source
UNEP, InforMEA
Language
English
Abstract

Article 230 of the Obligations and Contracts Code states that, contract is law for its contractors, and it is established from the contract displayed to trial judges regarding a modifying annex to the insurance contract on civil liability of the defendant’s insurer that the latter while doing this modifying contract of the original insurance contract obligated itself pursuant to this contract to specify time of going into effect of the original insurance contract of the insured company AMANDIS for its civil liability for the delegated management for the services of liquid sanitation and the distribution of electricity and drinking water in Tetouan, which means that the liquid sanitation annex became included in the guarantee of the contract of the insurer since the said date, which makes the incident of polluted water flowing into a residential home cause by work of the defendant (AMANDIS) included in this guarantee. The court issuing the appealed decision states in its arguments that the annex of modifying contract is clear in specifying that the guarantee covered liquid sanitation that causes damage to other parties from the moment it came into effect. The court therefore interpreted rightfully the contract and its decision did not breach any legal provision.

Available in
Court of Cassation’s Decisions on the environment