المركز القانوني للمضرور في عقد التأمين الإلزامي من المسؤولية المدنية للطبيب : دراسة مقارنة

الملخص EN

The legal status of the injured party in the contract of compulsory insurance form the civil liability of the doctor Study summary: the compulsory insurance contract from civil liability for the doctor is a contract that represents the legal ,relationship between the insurance company and the doctor under which the insured (the insurance company)undertakes to compensate the injured patient for the damages he sustained as a result of medical work this contract is distinguished by the fact that its legal effects extend to include a third person ,who is the beneficiary of the compensation ,and he is the injured party who is not a party to the insurance contract .the (doctor) by filing a direct lawsuit against the insured, although this is then a departure from the general rules of principle of relativity of the effect of the contract and the principle of equality between creditors because the injured party through a direct claim ,acquires the sum insured without competition from the insured's creditors, but he achieved a social goal important, which is the adequacy of compulsory insurance to injured as a result of professional medical errors ,preserving their rights in a special insurance system, and giving them the legal basis for obtaining their full right to compensation.