مبدأ حرية الأطراف في اختيار القانون الواجب التطبيق على عقد التأمين

Abstract EN

This study aims to state the principle of party autonomy in the choice of law that genarally governs the insurance contract as it represents a wide field for diminishing the principle of party autonomy, leaving a room for a legislative interfernce to reduce the strong party unilateralism to formulate the insurance contract.

being intefered in the insurance contract, the legislator aims to organize the contract and determine its content legally and directly in a way that doesn't leave a huge space for the contractors to impose their conditions, in order to avoid arbitrary terms.

based upon this, we tried to raise the role of the principle of party autonomy in this kind of contracts "adhesion contracts".

the study concluded that the Jordanian legislator didn't explicitly address the issue of determining the law applicable to the insurance contract.

therefore, the study called on the Jordanina legislator to confront this legislative deficiency by intervening to set special attribution rules that match the nature of the insurance contract for its significance on both local and international levels.