Compulsory insurance
Summary
I. INTRODUCTION.
II. Compulsory insurance applicable to all SMEs.
A. General liability insurance;
B. Insurance against the effects of natural disasters.
III. Compulsory insurance specific to the activity carried out.
A. Activities of design, manufacture, transformation, modification or packaging of products intended for consumption or use;
B. Activities related to the field of construction;
C. Activities related to health;
D. Activities of establishments open to the public (ERP);
E. Fishing related activities;
F. Transport related activities;
Operation of ski lifts;
Land transportation ;
Maritime transport ;
Air Transport ;
Importation of goods and capital goods;
Operation of a port or aerodrome;
Aircraft operation (s).
I. INTRODUCTION
The Algerian SME is defined [1] as a company producing goods and / or services employing between 1 and 250 people and whose annual turnover does not exceed 2 billion dinars.
To ensure its sustainability, a company, whatever its legal status, must face a set of risks from its creation.
As there is no "zero" risk, preventive measures are not sufficient on their own and need to be supplemented by a certain number of insurances which accompany the company by allowing it to face with serenity the hazards which mark its business. existence.
By imposing certain insurance policies, the Algerian legislator wanted to protect the interests of the victims of a possible insolvency of the perpetrators presumed responsible, within the meaning of articles 124 and following of the Algerian civil code, for accidents generated by their professional activity as well as those of the business whose real estate may be totally or partially destroyed as a result of a natural disaster.
Among these compulsory insurances, a distinction must be made between those which are general in nature and which concern all companies and those which are specific to certain activities.
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II. Compulsory insurance applicable to all SMEs.
A. General liability insurance.
Any company which carries out an activity, of any nature whatsoever, in the civil economic sector is required to take out an insurance contract against the pecuniary consequences of bodily, material or moral damage caused to third parties.
This insurance obligation instituted by article 163 of Ordinance 95-07 relating to insurance has its origin in the provisions of articles 124 and following of the Algerian civil code.
Legal anchoring of the obligation
Article 163 of Ordinance 95-07 Amended and supplemented: "Companies and establishments in civilian economic sectors are required to insure their civil liability vis-à-vis third parties. The conditions and modalities of application of this article are set by regulation [2] ”.
Subject to the obligation
Within the meaning of Article 2 of Decree 95-413, all companies and establishments, regardless of their legal form, are subject to civil liability insurance.
Scope of the obligation
According to article 3 of decree 95-413, the insurance cover must guarantee the company against the pecuniary consequences of the civil liability that it may incur for the consequential bodily, material and moral damages caused to third parties as a result of the 'operation of its activity, in accordance with Articles 124 to 138 of the Civil Code.
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B. Insurance against the effects of natural disasters
Any company carrying out an industrial and / or commercial activity is required to insure its facilities and their contents against the effects of natural disasters as defined in the provisions of Ordinance 03/12 and its implementing texts [3].
The implementation of this insurance is conditioned by the declaration of a state of natural disaster by a joint order of the ministers responsible for local authorities and finance which defines the nature of the event, its date of occurrence and the municipalities concerned [4 ].
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III. Compulsory insurance specific to the activity carried out
A. Activities of design, manufacture, transformation, modification or packaging of products intended for consumption or use.
Under Article 168 of Ordinance 95-07 as amended and supplemented, all SMEs whose activity is based on the design, manufacture, processing, modification or packaging of products intended for consumption
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