الانعكاسات الواقعية لانعدام الإرادة التعاقدية في وثيقة التأمين الإلزامي للمركبات وحلول إرادة المنظم

Abdallah Imhammad Khalaf Al Tarawneh

doi:10.35516/law.v52i4.8278

Authors

Abdallah Imhammad Khalaf Al Tarawneh Department of Private Law, Faculty of Law, The University of Jordan https://orcid.org/0000-0002-9609-3541

DOI:

https://doi.org/10.35516/law.v52i4.8278

Keywords:

Central Bank, compulsory motor insurance policy, insured, insurance company, injured party, insolvency, ; vehicle accidents.

Abstract

Objectives: The study aims to clarify the legal meaning of the compulsory insurance policy for vehicles and the limits of the role of the will in determining its contractual content. It seeks to determine the relationship between the insolvency of the insurance company, insurance control, and the restriction of the freedom of both parties in the compulsory insurance policy. Additionally, it aims to identify the most important guarantees that ensure the rights of the insured in the event of the insolvency of the insurance company.

Methods: The study adopted the descriptive-analytical approach, analyzing legal texts related to insurance business in Jordanian legislation. It examines their adequacy in addressing problems arising from compulsory vehicle insurance and their impact on the freedom of the parties in determining the contractual content of the unified insurance policy.

Results: The study concluded that the will of both parties to a compulsory motor vehicle insurance policy lacks the ability to determine its content and choose which party should make the selection. This negatively impacts the insurance company’s ability to carry out its work and fulfill obligations when it becomes insolvent, affecting the rights of the insured and the beneficiaries.

Conclusions: The study recommends that the insurance business regulator amend the compulsory insurance system for vehicles, allowing for a margin of contractual freedom in determining the contractual content of the compulsory insurance policy, and activating the text of Article 79 of the Insurance Business Law.

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References

Abdel-Razzaq, H., & Shaaban, F. (2019). Financial solvency and financial stability in insurance companies. Journal of Economics and Development, 7(2), 5–23.

Ahmed, S. (2022). Risk management in property and liability insurance companies listed on the Egyptian Stock Exchange, using stress tests. Scientific Journal of Economics and Trade, 52(4), 271–298.

Al-Enezi, A. (2021). The extent of the state’s obligation to compensate for damages resulting from public disasters. Journal of the Kuwaiti Law College, 9(2), 135–206.

Al-Far, A. (2021). Sources of commitment: Sources of personal right in civil law (13th ed.). Dar Al-Thaqafa for Publishing and Distribution.

Al-Ghitawi, H. (2019). Negotiations and their impact on the contractual balance: A comparative study. Journal of the College of Sharia and Law, 34(3), 100–149.

Al-Naimat, M. (2006). The general theory of civil liability insurance: A comparative study (1st ed.). Dar Al-Thaqafa for Publishing and Distribution.

Blazheska, L., & Ivanovski, A. (2021). Determinants of the market choice and the consumers' behavior on the Macedonian MTPL insurance market: Empirical application of the Markov chain model. Risk Management and Insurance Review, 24(3), 311–331.

Bushnafa, J. (2019). Mandatory insurance against civil liability arising from car accidents: A legal technique that guarantees social protection for the victim. Journal of the Department of Legal and Political Research and Studies, 3(6), 59–79.

Crockford, G. (2005). The changing face of risk management. The Geneva Papers, 30(1), 5–10. (First published in 1976 in The Geneva Papers)

Daas, M., & Attia, A. (2021). The IRIS early warning system as a tool for predicting the financial risks of insurance companies: A case study of the Algerian insurance company CAAT. Journal of Organization and Labor, 10(4), 19–34.

Issa, B. (2018). The impact of consumer legislation on the principles of the traditional theory of the contract. Academy for Social and Human Studies, 20, 110–117.

Letoush, D. (2021). Privacy of the auto insurance contract. Journal of Jurisprudence, 13(2), 1041–1054.

Morsi, M. (2005). Explanation of civil law: Named contracts, insurance contract (Part Three). Mainsheet Al Maruf.

Musa, D. (2015). The role of security funds in compensating victims of terrorist crimes: A comparative study. Journal of Legal and Political Studies, 1(1), 281–301.

Musa, D. (2018). The legal basis for the arrangement of state responsibility to compensate victims of terrorist crimes. Academic Journal of Legal and Policy Research, 3(2), 664–687.

Nabila, B. (2019). Protecting the rights of insurance service consumers in Algeria. Journal of Financial Economic Research, 6(1), 182–203.

Noureddine, B., & Reda, B. (2022). Determinants of the financial solvency of insurance companies in Algeria: An econometric study for the period (2000–2019). Journal of the Institute of Economic Sciences, 25(1), 471–491.

Shibani, M. (2022). Legislative interference in contracts and its impact on the authority of will (PhD thesis). Ben Khaldoun University of Tiaret, Faculty of Law and Political Science.

Soleymanian, M., Weinberg, C. H., & Zhu, T. (2024). Insurtech, sensor data, and changes in customers' coverage choices: Evidence from usage‐based automobile insurance. Journal of Risk and Insurance, 91(3), 1–30.