Abstract EN:

The insurance policies in mauritania are subject to a state monopoly under the rules of industrial and commercial public institutions, who in turn obey more or less successfully, both the rules of public law and the rules of private law. Mainwhile, this situation only began in 1974 in that before the french colonization, insurance was unrecognized in mauritania for two reasons; the muslem law forbides aleatory contracts, and the social stratification in the country that hinders the emergence of individual insurance. Colonization soon introduced this habit through insurance agents representing important european insurance companies. Thereafter, all the french speaking african countries go to adopt the french legislation in the field of insurance. So whilst impelled by the nationalist political movements and by the unctad resolutions, most of the third world countries including mauritania tended towards the creation of national insurance markets, unfortunately in most french speaking african countries, the legislative aspects of contracts and insurance policies have often been left out of these efforts. Thus, the mauritanian company for insurance and reinsurance "smar", uses the french policies of cargo insurance of 1944, which in most ways is outmoded by the international system. But the originality of theses new markets of cargo insurance lies on their compulsory aspects. Infact, in order to better equilibrate their balance of payments most third world countries have had to adopt the compulsory local insurance for importation "aloi", which consist in giving their own insurance markets as an official domicile, while insuring their importations. But this attitude quickly affected the international market of direct of direct subscription for insurance and reinsurance. The resulting consequencies are the main subject of the present thesis.