UNFAIR TERMS IN INSURANCE CONTRACTS AND ITS CONSEQUENCES FROM THE VIEWPOINT OF JURISPRUDENCE AND IRAN'S LAWS

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ELAHIAN MOHAMMAD EBRAHIM; ELAHIAN MOJTABA

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Journal: Islamic jurisprudence Resaerch Year:2013 | Volume:9 | Issue:1 Page(s): 1-14

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Information Journal Paper

Title

UNFAIR TERMS IN INSURANCE CONTRACTS AND ITS CONSEQUENCES FROM THE VIEWPOINT OF JURISPRUDENCE AND IRAN'S LAWS

Author(s)

ELAHIAN MOHAMMAD EBRAHIM | ELAHIAN MOJTABA | Issue Writer Certificate

Keywords

CONDITIONQ1

EQUITYQ2

INSURANCEQ2

SUPPLEMENTAL CONTRACTQ2

UNFAIR TERMSQ3

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.

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APA: Copy

ELAHIAN, MOJTABA, & ELAHIAN, MOHAMMAD EBRAHIM. (2013). UNFAIR TERMS IN INSURANCE CONTRACTS AND ITS CONSEQUENCES FROM THE VIEWPOINT OF JURISPRUDENCE AND IRAN'S LAWS. ISLAMIC JURISPRUDENCE RESEARCH, 9(1), 1-14. SID. https://sid.ir/paper/220949/en

Vancouver: Copy

ELAHIAN MOJTABA, ELAHIAN MOHAMMAD EBRAHIM. UNFAIR TERMS IN INSURANCE CONTRACTS AND ITS CONSEQUENCES FROM THE VIEWPOINT OF JURISPRUDENCE AND IRAN'S LAWS. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2013;9(1):1-14. Available from: https://sid.ir/paper/220949/en

IEEE: Copy

MOJTABA ELAHIAN, and MOHAMMAD EBRAHIM ELAHIAN, “UNFAIR TERMS IN INSURANCE CONTRACTS AND ITS CONSEQUENCES FROM THE VIEWPOINT OF JURISPRUDENCE AND IRAN'S LAWS,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 9, no. 1, pp. 1–14, 2013, [Online]. Available: https://sid.ir/paper/220949/en

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