عقد تأمين المركبات.

Abstract

The intervention of the Algerian legislator under the revised and supplemented Ordinance 74-15, which includes compulsory automobile insurance and the system of compensation for damages, is meant to force the automobile insurance contract to provide protection for road traffic victims. However, the mandatory nature of this contract does not exclude the additional protection inherent in compulsory automobile insurance by the insured as required by its insurance interest, under optional guarantees covering physical damage to his vehicle, against payment of an additional insurance premium to insure such risks. The Algerian legislator, under the revised and supplemented Ordinance 95-07, has directed to the development of peremptory legal texts that the parties can not agree to violate in order to protect the weakest part in the contractual relationship who is the insured in the face of an insurer who enjoys an economic power to impose conditions specific to the contract in accordance with his interests without the possibility of discussing them by the insured, the latter has only to conclude this contract on its terms or to distract from the conclusion. In order to ensure this, the Algerian legislator guaranteed that the injured person would receive compensation for bodily harm in the context of compulsory insurance based on the theory of risk, but the determination of compensation for material injury was subject to the general rules of the Civil Code. As for the optional guarantees, which are subject to the general provisions of the insurance contract, the legislator committed both the insurer and the insured to carry out their obligations either at the time of the contract or during the execution of the contract or when the insured risk was realized. And, moreover, the legislator regulated the expiry of this contract and the related procedures, where these legislative interventions were aimed at establishing a kind of balance between the parties of the contractual relationship. From all of this comes the importance of studying and reviewing the texts of each of the revised and supplemented Ordinance 74-15 and 95-07, as well as the associated legislation, to highlight the effectiveness of the provisions of the automobile insurance contract by establishing a balance between the interests of the insurer on one hand and the insured and the injured on the other hand, by the creation of legal mechanisms to ensure a certain degree of protection for them.