Private Law

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https://hdl.handle.net/20.500.11888/3199

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Browsing Private Law by Author "Bahaa Al-een Masoud Said Khwaireh"

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    Impacts Resulting From Insurance Contract Related to Civil Responsibility "Contrastive Study"
    (2009) Bahaa Al-een Masoud Said Khwaireh; Dr. Akram Daoud; Dr. Ghassan Khaled
    This study aimed at investigating the impacts resulting from the insurance contract related to civil responsibility. The insurance contract has become so important that it exceeds all the other various types and forms of insurance. This fact is manifested by the legislator intervention by enforcing some of its types by forcible legal texts such as the case of responsibility resulting from road traffic accidents. The subject of the study is divided to introductory chapter and three main chapters within a contrastive study between the Palestinian Insurance Law, the Jordanian and Egyptian Civil Laws. In addition, the study explained what is included in the special legislations related to compulsory insurance of the responsibility resulting from road traffic accidents. In the introductory chapter, the study dealt with the general frame of the insurance contract related to responsibility including its definition, identification of its legal nature, highlighting some of its characteristics, and shedding light on its most important jurisprudence divisions so that the reader may comprehend the legal frame of this type of insurance before dealing with the consequences resulting from its issuance. The first chapter deals with the obligations of the insured person. Since such obligations are numerous, I found it more reasonable to divide them to two sections. In the first section, I discussed the obligations of the insured person within the general frame of the insurance contract including the insured person's obligation of paying the insurance premium, obligations related to risk, obligations related to notification of risk occurrence, and supplying the documents that prove such occurrences. I have discussed such obligations in three successive sub-sections to present the contents of such obligations and the consequences resulting from violating them, in accordance with the nature of the insurance contract whether elective or compulsory. In the second section, I discussed the most important stipulations that are included in the insurance documents related responsibility that comprise basic obligations held by the insured person and related to the presence of responsibility in the insurance contract. These are discussed in three sub-sections. In the first one, I discussed the stipulation of not confessing to responsibility; in the second, the stipulation of non-settlement with harmed party; and in the third, I discussed the stipulation of the insured person's management of the responsibility claim. The second chapter is dedicated to investigate the insurer's obligation in the insurance contract regarding responsibility. This is done in two sections. In the first section, I discussed the legal nature of insured risk in insurance regarding responsibility which, upon its occurrence, drives the insurer to pay the reimbursement amount. In two successive sub-sections, I presented the viewpoints of the legal jurisprudence to the issue of determining the insured risk in insurance regarding responsibility. Then, I presented the stand of contrastive legislations related to this issue. In the second section, I discussed the limits of the insurer obligations within the frame of the insurance contract related to responsibility according to the limitations that refer to the stipulations of the insurance contract related to responsibility, in addition to the limits that are related to various types of insurance contracts. Since the insurance contract related to responsibility is not restricted in its effects on the relationship between both parties of the insurer and the insured but there must be a third harmed party to whom the insured person is responsible. The third chapter is dedicated to discussing the impact of the insurance contract related to responsibility on the relationship between the insurer and that third harmed party due to the legal effects arising from such relationships that might be incomprehensible. In this chapter, I discussed the issue of how the harmed third party refers directly to the insurer by clarifying the legal basis on which the right of the third harmed party depends on to refer against the insurer in direct claim, and the stipulations that must exist so that the harmed party can practice their rights in such claim and the related impacts. Finally, the conclusion of this study contains the significant findings, recommendations, and suggestions that I have reached in the study.