حماية المستهلك كطرف ضعيف في العقد من الشروط التعسفية: شرط التحكيم في عقد التأمين نموذجا

Abstract EN

Our study aims to try to shed light on the legal protection granted to the consumer against the abusive terms that may affect him in the context of his contractual relationships with professionals, and in order to reach the answer to the problem at hand, we will study the different laws and texts that have examined the variables of the study, as well as cases and jurisprudence on the subject.

through our study, we concluded that the diversity of protection mechanisms and bodies led to ensuring greater effectiveness in this area, and that the adoption of exceptions to the general rules contributed to reducing the gap between the legal positions of the weak and strong party in the contract, correcting the contractual relationship's imbalance.

in addition, the prohibition of arbitration clause in general conditions of insurance provided a kind of protection to the insured against the abuse of insurance companies.

finally, our study recommends the need to expand the scope of consumer protection on the international scale, which constitutes a breeding ground for abusive practices, and the need for stronger consumer protection in this area.