حماية الطرف الضعيف من الشروط التعسفية في عقد التأمين : دراسة مقارنة

الملخص EN

The Insurance contrat is considered as an adhesion contract, whereby the strong party try to influence the weaker party, by imposing his clauses within the framework of a pre-formulated standard contract, so the weaker party will not be able to unfluence its content, this results in an imbalance in bargaining power between contracters.

In this context The Algerian legislator as well as other foreign legal systems have tried to established a protective legal system, in order to rebalance the bargaining power in this contract, so what is the effectiveness of this rules in achieving this goals ?