أحكام تجزئة القسط في عقد التأمين حال انقضاء العقد بالفسخ أو البطلان في القانون الأردني

Abstract EN

This study aims to explain what the premium is in the insurance contract, the provisions related to the splitting of the premium in the insurance contracts in general, as it showed what the premium is in the insurance contract, and the provisions related to it.

It also dealt with the provisions of splitting the Dremium in the insurance contract according to the general rules.

Can the insured be able to recover the premiums that he previously paid to the insured in the event that the insurance contract is null, annulled or expired for any reason? It became clear to us that the jurisprudential opinions have varied regarding the extent of the permissibility of splitting the premium in the insurance contract, for there are those who permitted the adoption of this principle, and some of them did not allow it to be adopted on the grounds that the insurance contract is based on technical grounds and possibilities that would help the insurer in determining the premium It is through installments that he bears certain risks, and saying that it is permissible to split the installment makes it difficult for the insured to bear those risks.

On the other hand, it became clear to us that the Jordanian legislator did not originally stipulate the principle of splitting the premium in the insurance contract, but dealt with certain texts From which it can be seen that it endorses this principle and at other times it does not allow that or leave the matter to the agreement of the contracting parties.

In addition, this study showed the provisions related to splitting the premium in certain types of insurance contracts, which are very widespread, including the compulsory vehicle insurance contract, the marine insurance contract.