نظام الدفعات المستعجلة في قانون التامين الفلسطيني رقم (٢٠) لسنة ٢٠٠٥
Date
2020-09-13
Authors
ايهاب سعيد عبد الرحمن الطرده
Ehab Saed Abdel Rahman Tarade
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
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.