الرقابة على الشروط غير الظاهرة في عقد التأمين : دراسة مقارنة

Abstract EN

: there are hidden conditions in insurance contract that deviate from the concept of arbitrary conditions and compliance and are undeniably used to restrict one of thecontracting parties by imposed terms or deadlines.

That is why, we attempt to look for a mechanism of judicial intervention that helps extending control over it, especially since the Article 124 bis that was introduced in the last amendment to the Civil Law expands the judge's authority to intervene and detect any kind of abuse of rights that may even affect legal obligations of & quot; end eventually, affecting the contract based on unfair interest.

Since the provisions of relinquishment, dissolution, case management, and prescription are among the components of the insurance contract, the judge may intervene in repairing the damage emerging from its wrong use.