Unfair Terms in Insurance Contracts and its Consequences from the Viewpoint of Jurisprudence and Iran's Laws

Elahian, Mojtaba; Elahian, Mohammad Ebrahim

doi:10.22059/jorr.2013.35768

Unfair Terms in Insurance Contracts and its Consequences from the Viewpoint of Jurisprudence and Iran's Laws

Document Type : Research Paper

Authors

Mojtaba Elahian ¹

Mohammad Ebrahim Elahian ²

¹ Assistant Professor of Department of Islamic Jurisprudence and Law Principles, College of Farabi, University of Tehran

² M. A. of Private Law

10.22059/jorr.2013.35768

Abstract

Drawing up the insurance contracts by insurance companies has led to disregard policyholder's rights. This means that insurers by inserting unfair terms in insurance contracts seek to make a contract that they gain special privileges for themselves. Jurists as main opponents of injustice regard commitment not to insert unfair terms as one of the insurer's pre-contractual obligations in insurance contract. Insurance law and commercial insurance bill is silent in this regard. But considering principle of justice in Imamiah jurisprudence, this obligation can be considered for the parties in all contracts. Principle of justice and equity can be effective to solve many judicial problems. Also it is seen a tendency to equity in some decisions of courts. In this paper we seek to study concept of unfair terms and its instances in insurance contracts. At the end, considering some rules and regulations it can be said that such unfair terms are invalid in insurance contracts.

Keywords

Condition

Equity

Insurance

supplemental contract

Unfair terms