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Title: The law applicable to compensation claims for road accidents Legislative suitability and judicial applications
Other Titles: القانون الواجب التطبيق في دعاوى تعويض مصابي حوادث الطرق ملائمة تشريعية وتطبيقات قضائية
Authors: Zidat, Amjad
Massad, Mansour
Keywords: Military order;Compensation;Civil veto;Legal confusion;Conflicting court rulings
Issue Date: 30-Mar-2023
Publisher: Palestine Technical University -Kadoorie
Citation: Zidat, A., & Massad, M. . (2023). The law applicable to compensation claims for road accidents Legislative suitability and judicial applications. Palestine Technical University Research Journal, 11(1), 61–80.
Series/Report no.: 11(1);61–80
Abstract: The study of the issue the law applicable to compensation claims for road accidents victims in Palestine lies in the idea of commenting on judicial decisions and rulings related to the concepts of the law’s applicability in terms of time and its legal implications for compensation claims for road accidents injured in terms of the applicable law, as the Judicial rulings according to legal jurisprudence are considered a title for the truth, if it is not the truth itself, to see the flaws, weaknesses and contradictions in the laws and regulations in force that are reflected in the reality of compensation claims. (20) of 2005 and its amendments and the exposure of the application of its texts to Military Order No. 677/1976 and Military Order No. 544/1976 regarding compensation for road accidents injured, as the absence of a rational and integrated legislative policy among the texts imposed a state of legal confusion at the level of applicable law that It is required by the foundations of responsibility for compensation for road accidents injured, which necessitated this study to follow the method of analysis and investigation with a careful and careful review. An insight into some judicial rulings in terms of their relevance, consistency, and connection with insurance legislation, and at the same time, the contradictions and contradictions experienced by judicial rulings as a result of the state of legal mixing with the enforcement of the provisions of articles in military orders on the calamities and lawsuits that were raised before the regular Palestinian judiciary during each era associated with the current or amended law. The most important revisions that the study was subjected to shed light on some Arab legislation, especially the Jordanian legislation, in order to give a legal light on the problem of the study, its hypotheses, and its goals. This is in order to enact comprehensive and preventative legislation that addresses all the problems encountered by the insurance sector in implementation, which requires, in parallel, a review of the foundations and criteria for the appointment of jurists who are nominated to sit on the judiciary in order to avoid the situation of weakness in the contradictory judicial rulings, and this will inevitably lead to the existence of a unified, comprehensive and preventative legal reference This inclusion of compensation cases for road accidents injured ensures the constitutionality, conformity and consistency of the provisions. As an entry point for promoting the principle of localizing judicial rulings within a unified legal reference
Appears in Collections:2023

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