Arbitrary conditions in the insurance contract | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 4, Volume 8, issue 28 part 1, April 2019, Pages 76-113 PDF (651.91 K) | ||
| Author | ||
| Moamar A.Najm | ||
| Abstract | ||
| The insurance contract is a contract that is prepared by the insured alone according to predetermined conditions. The role of the insured is limited to either accepting or rejecting these conditions without having the right to discuss or amend them. The unfair terms conditions in the insurance contract are fulfilled and the purpose of these conditions to achieve an obscene advantage or interest of the insured at the expense of the insured in such a way as to disturb the balance of contract between the parties in terms of rights and obligations, which requires the intervention of the legislator and the judiciary to restore the contractual balance between the parties and the removal of these unfair terms or the amendment of them. | ||
| Keywords | ||
| Arbitrary conditions; the insurance contract | ||
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