ضبط مفهوم الشروط التعسفية في عقد التأمين

Abstract EN

The insurance contract is a typical contract, in which the insurer prepares this form individually without the other party having any insured's right to participate in setting out the terms of this contract.

The model requires that the insurer impose conditions on the insured, so that the latter has only the option of accepting or rejecting these conditions without the possibility of modification or discussion, as it often imposes conditions some of which may involve a great deal of injustice and arbitrariness against the insured, which raises the question of defining the concept of abusive clauses from a legal point of view, including the constituent elements and forms of the arbitrary clause, so that appropriate protection can be identified to reduce them.