Résumé:
The insurance contract is a special contract regulated by a special law, because the legal positions between the two parties, which are the insured and the insured, are not equal, so it becomes a legal system more than a contract in which the parties compromise, and this particularity is that it is not concluded directly in most cases, there are successive stages for that, beginning with a stage The insurance request and then the issuance of the temporary coverage memo, if required, then the stage of concluding the insurance policy to be a final contract, so that if there is an amendment to the content of the contract in certain matters, it is in a special appendix attached to the document called the insurance supplement. All these steps are stages that protect the insured, especially as he is A weak party to the contract, therefore it is protection derived from the insurance law, and also from the consumer protection law, describing the insured as a consumer, and this law is applied in what is not covered by the insurance law, especially a stage before the formation of the contract, and this appears in the right of the consumer with information and advice before and when contracting, as well as applied after the stage The implementation of the contract through the intervention of agencies that are responsible for protecting service consumers and the insurance consumer, one of them is: Consumer Protection Associations and the Committee for Abusive Items that can be an advisory body in insurance, just like the National Insurance Council. The most important legislation brought about to provide protection for the weak party to the insurance contract is to fight against arbitrary conditions in the contract implementation phase, so protection is in accordance with the law related to the rules of commercial practice and protection in accordance with For the provisions of the insurance contract in civil law with the authority of the judge in respect of it by modifying, canceling or interpreting these arbitrary conditions that may be contained in the insurance contract because the insured is a compliant party to this contract. This protection will also be through tightening control over insurance activities, especially the control of the financial efficiency of insurance companies, with the intervention of bodies charged with this, namely: The Insurance Directorate at the Ministry of Finance, the Insurance Supervision Committee, the Central Risk Committee, the sworn insurance inspectors, in addition to the legislator providing bodies that guarantee the insured in the form of funds, namely: The Insureds Guarantee Fund and the Auto Guarantee Fund. Thus, the insured benefits from protection by general rules and others by special rules, because protection is no longer limited only to the stage of contract implementation and focused on the field of arbitrary conditions only, but legislation aimed at providing effective comprehensive protection for all areas and for all parties to the insurance contract and preventive protection through their insight into the content of the contract
