Abstract

This research deals with the issue of legislative protection for the consumer of the insurance contract, as the insurance contract is considered a compliance contract whereby the insured imposes pre-prepared insurance contracts or documents and usually contain conditions in his favor and the insured does not have the right to discuss them, although the consumer issues an acceptance when he contracts with the obligee (the insurance company However, this acceptance is imposed on him, so he is obliged to accept even if he is not allowed to discuss the offer, whatever type of insurance contract - as long as the consumer does not have an economic position equal to that of the provider - it is a contract of compliance where there is no common contractual will, and it only expresses one will. It is the will of the insured (obligator), just as the insurance contract is considered a consumption contract, and this is something that cannot be hidden by those studying the jurisprudence of law, and that the regulation of consumption contracts is due to the reason that there are two different parties unequal in the economic and knowledge positions in the contract, One is the professional (provider), who represents the contract's strong party and is responsible for determining the contract's specifics and conditions, and the other is the client, who represents the contract's weak party who requires the service and seems to have no option but to sign, because he is bound by the contract's terms despite his weak position.

And, in order to ensure the protection of the consumer as the weak party, the legislator has adopted legislative rules to find a balance between the two parties to the contract, and to achieve de facto equality between them in terms of the rights and obligations that fall on each of them or in terms of the contract's content and conditions.

The insurance contract, on the other hand, includes two types of conditions: standard conditions, which are usually fair, and abusive conditions, which are primarily responsible for the effect of the contractual relationship's imbalance. The researchers discussed the issue of legislative protection for the insured from abusive conditions as well as the protection rules provided by the legislator to ensure the effectiveness of insurance contracts.

The study found that both the Consumer Protection Law and the Insurance Law provide two forms of protections imposed by legislators. These legislations came to regulate the relationship between the insured in his capacity as the better positioned party and the insured in his capacity as weak party of the contract by reconciling their interests and laying down juridical legal rules to prevent the insured from injustice and exploitation for him.

Title

مجلة جامعة النجاح للعلوم الانسانية

Publisher

An-Najah National University

Publisher Country

Palestine

Publication Type

Prtinted only

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Year

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Pages

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