The Insurer Rights Based on Compensation

This study discusses the insurer rights based on the compensation paid to insured party, and the insurer’s right to replace the insured party in asking the causer of damage to recover what has paid according to the conditions of the insurance contract and the value of the actual damage. This study discusses the rules of the replacement principle within the insurance operations in Palestinian Insurance Law compared to Egyptian and Jordanian Law. The thesis also, where needed, mentioned to Syrian, Iraqi, and Lebanese Civil Law. The thesis has mentioned some important judicial precedents of Jordanian, Egyptian and French cassation courts. Not many of the precedents of Palestinian cassation court mentioned in this thesis because there are few of them have been released by the court as this court has been established recently. It is also because the Palestinian Insurance Law has been enacted recently, which includes the right of the insurer to replace the insured party in chasing the damage causer with compensation. In order to achieve the study purpose, it is divided into two chapters; each one is divided into two sub-sections in addition to conclusion. The first chapter includes the theoretical framework of the study which is divided into two sub-sections, the former contains the concept and the nature of replacing and its two categories, legal and contractual, in order to understand the legal background of the concept of replacing which is the main subject of this study. Moreover, the former sub-section discuses the aims of the application of replacing system. The later discuses the jurisprudential theories a bout the legality of the replacement of the insured by the insurer according to some legislators with their Palestinian counterparts. Furthermore, categories of insurance, replacement based on these categories and the insurer commitments determining these categories have been discussed in this sub-section. Chapter two concentrates on the practical sides of replacement.It has been also divided into two sub-sections. The first one includes the range of the replacement, the cases where the replacement is prohibited following to the contract conditions, or by the insurer’s will, or by the insured’s action, or even by the acts. Under the same sub-section, the author discuses the conditions for applying the replacement, and the effects of the replacement, clarifying the domestic law compared to other legal systems in this regard. The second sub-section discuses the replacement procedures, the amount of money and the right of the insurer to replace the insured in chasing the damage causer before the civil and criminal courts. It also discusses the judicial and jurisprudential views and differences regarding this issue. The researcher has expressed her opinion and her point of view with regard to the subjects included in the study. Finally, the results and recommendations are included in the conclusion.