The Legal Role of The Insurance Policy in Concluding Insurance Contracts
Abstract
Insurance companies in Iraq have flourished greatly in the past few years, and the most important legal document for the insurance contract of all kinds is the insurance document, and the role of this document stands out as it includes all the conditions, data and detailed information about the elements and parties to the insurance contract, in addition to its importance in proving the insurance contract, Therefore, legislation and jurisprudence, as well as insurance companies, have paid great attention to this document, consistent with its nature and importance. Usually, insurance companies prepare and prepare this document and impose its actual and legal existence by setting general conditions in it, but legislation has a prominent role in limiting arbitrary conditions that are often in the interest of insured companies, and Iraqi and Egyptian law dealt with arbitrary conditions, but without limiting them. However, the amendment of the French Civil Code in (2016) played a prominent role in eliminating arbitrary conditions or that lead to an imbalance in the contractual balance, as there is a difference between the general conditions and the special conditions that we find in insurance contracts, and this research deals with the subject of the document from a legal perspective as a comparison between Iraqi and Egyptian law on the one hand, and French law on the other. As for the exceptions mentioned in this policy, they must be minimized whenever possible to protect the insured.