حماية المؤمن له إزاء شرط سقوط الحق بالضمان في التشريع الأردني : دراسة مقارنة

الملخص EN

Due to the lack of legislative provision in the Jordanian Civil Law about the penalty stipulated as a result of the breach in the commitment to notify about the occurrence of the risk, it has been a well-established practice within the Insurance company not to be sufficed by the general rules of penalties.

Thus, this paragraph was added to the insurance policy, whether or not related to a legal commitment or through agreement, a penalty concerning the violation if notifying about the risk occurrence, that the right of the insured in the insurance amount is forfeited, in spite of the realization of the insured risk in the insurance policy.

This study seeks to answer the question of "What is the legality extent of the total forfeiture of the right of the insured on the insurance amount, in spite of the realization of the insured risk, regardless of whether or not the insurer sustained damage? Further, are the rules provided by the legislator, which govern and control the forfeiture penalty both in form and subject, which is duly included by the insurance companies in the insurance policy, sufficient to protect the insured against the abuse in the practicing of this penalty by the insurer? And, in the case that the conditions of the forfeiture veracity were available, what are its legal impacts ?