The condition under which the insurer has the right to terminate the insurance contract by his own willingness according to the Jordanian legislation : its meaning and legitimacy

Authors

  • Ahmad Abu Samhadaneh Faculty of Law, Mu'tah University, Jordan
  • Ameen Al-Rafai'e Faculty of Law, Mu'tah University, Jordan

DOI:

https://doi.org/10.35682/jjlps.v14i4.373

Keywords:

the condition of terminating contract, insurer, own willingness

Abstract

This study aimed at identifying the meaning of the condition under which the insurer maintains the right of terminating the contract by his own willingness and the legitimacy of this condition. The study highlighted the definition of this condition, its objective, characteristics and legal adaptation, where the results revealed that this condition is included by most insurance companies in the insurance document and implies granting the insurer the right to terminate the contract by his own willingness before the legal restricted time without violating the rights of the insured.

The most important problem that the study aimed to identify in this vein lies in the extent of legitimacy of this condition, where the results revealed that the condition is valid according to the general rules and considered as an application for the voluntary condition for termination. However, the same condition was found to be arbitrary in the legal rules pertaining consumption contract as being more specified rules according to article (22), section (4) of the law of the Jordanian consumer protection No. 7 of 2017, which implies granting the supplier the right to terminate the contract by his own willingness. Therefore, the court, based on its discretion authority, can cancel this condition, modify it or exempt the insured from it. As for the legal rules governing the insurance contractas more specified umbrella, it was an arbitrary condition that has a special judgment which is cancellation when violating it does not have an impact on the event – the judge's provision is considered as exploring one, but not a stating, where the judge has no discretion authority in this vein.

Accordingly, we are left within duality in dealing with this condition legally. Such a duality has been criticized; therefore, we hoped that the Jordanian legislator would eliminate this duality by subjecting all the arbitrary conditions in insurance to the judge's discretion authority in modifying the condition or exempting the insured from it as in the case of the act of protecting the Jordanian consumer, since it achieves justice better than the report of canceling the condition which could be a basic one and may entail cancelling the contract, where this contradicts the intention of protecting the disadvantaged party in the contract.

Published

2023-02-02

Issue

Section

Articles