نظام الدفعات المستعجلة في قانون التامين الفلسطيني رقم (٢٠) لسنة ٢٠٠٥
ايهاب سعيد عبد الرحمن الطرده
Ehab Saed Abdel Rahman Tarade
The research studies urgent payment system according to the Palestinian Insurance Law No. (20) for the year 2005. The study, which deals with the legal concept of the urgent payments system in the Palestinian Insurance Law, as its critical importance in achieving justice for those injured and affected by road accidents. The importance of the study also lies in identification of laws and jurisprudence of the urgent payments system, researching the shortcomings mentioned in the applicable legislation, coming up with amendments and proposals that contribute to the advancement of the Palestinian legal system, and finding new ways to confront the problems and difficulties that affect the citizens interests, especially in disputes related to road accidents victims A research problem can be summarized by asking a major question: Is the general provisions regulating the demand for urgent payments in accordance with the provisions of the Palestinian Insurance Law and the laws in force in the State of Palestine sufficient to preserve the rights of citizens and protect them from want and deprivation? The researcher relied in his study on the comparative descriptive analytical method, by analyzing the existing legislative provisions in the State of Palestine related to requesting urgent payments according to the provisions of the Palestinian Insurance Law and comparing them with Legal provisions in the Israeli military order No. 677 of 1976,that the Israeli government has been in force in the West Bank before the Palestinian insurance was issued and with the legal provisions of the neighboring countries (Egypt and Jordan) whenever possible. The researcher divided the study subject into two main chapters, the researcher fought in all aspects related to the system of urgent payments, and subsequent in a comparison between the payments system established in the Palestinian Insurance Law and the request for urgent payments under the Israeli military order Then a conclusion is followed that included the most important results that the researcher reached, which the most important one of them was that the issue of urgent payments is aimed at assisting the injured person and their dependents until the final issue of the case is decided, which may take many years to adjudicate, the Palestinian legislator has excelled in some legislations related to the issue of urgent payments compared to what was used during the application of the Israeli military order to the Palestinian areas, with regard to the period of notification, and setting a date to consider requesting urgent payments, and reducing the period of appeal of the decision issued in requesting urgent payments. On the other hand, the researcher found that the Palestinian legislator didn’t make many decisions about the issue of urgent payments, also was unfair in some cases that brought justice and relief to the harm caused by traffic accidents, as well as compared it with the Egyptian and Jordanian legislations The researcher concluded his study with a set of recommendations that came after a detailed study of the urgent payments.