UNFAIR TERMS IN INSURANCE CONTRACT : COMPARATIVE STUDY

Unfair terms in insurance contracts are considered to be an exception to the general rule of free contracting for the purpose of individuals obtaining the necessary protection for himself or his property through the conclusion of a contractual relationship. The problem of the study lies in the fact that the insurance companies Individuals or companies (the insured) and include them from the terms and conditions that are in their favor, through arbitrariness in imposing them, which makes these contracts unbalanced. The objective of the study is to define the insurance contract, its characteristics and its characteristics, and then define the unfair conditions and their different types and types of insurance contracts, clarify the legal framework for legal protection against arbitrary conditions, Where it found that the most appropriate approach to this study by comparing the Saudi regime with its counterpart French law and Egyptian law. The researcher reached a number of results, including that the insurance companies have the ability to control the techniques, enabling them to impose a model contract, which is unique in the preparation of its conditions and details, and printed in the form of a document presented in general to all and does not accept any amendment or discussion, Insured to accept or reject insurance.The most important recommendations that the researcher recommends the importance of effective legal protection for the weak party in the insurance contract, through the imposition of state control as the sovereign insurance activity to maintain the interests of the insured, which is represented by the Saudi Arabian Monetary Agency through a set of principles and administrative and advisory bodies, To adjust and regulate the insurance sector.