The Aggrieved Party Direct Claim Against The Insured According to the Emirati Civil Law and As Amended

The Aggrieved Party Direct Claim Against The Insured According to the Emirati Civil Law and As Amended

The Aggrieved Party Direct Claim Against The Insured According to the Emirati Civil Mohamed Al Marzooqi Lawyer Dubai Abu Dhabi UAE WhatsApp: +971555570005
Mohamed Al Marzooqi Advocates & Consultancy Lawyer Dubai Lawyer Abu Dhabi UAE lawyers Drug Crime Lawyer Abu Dhabi UAE lawyers Drug Case Lawyers drug possession, best lawyer dubai, Best Lawyer Abu Dhabi, dubai Legal Advocates, Advocates Consultant abu dhabi,
Advocates Consultant dubaipossession cases, drug case lawyers, narcotic case attorney, drug dealing, narcotic substance, narcotic substances, drug trafficking laws, narcotic case, narcotics, narcotic laws, narcotics in UAE, drug felony, narcotic materials, narcotic substances in UAW law, drugs in uae, vehicle accident lawyer, auto accident attorney, car accident attorney, accident claim lawyer, auto injury attorney, auto injury lawyer, car accident injury lawyer, car crash attorney, car wreck attorney, car wreck lawyer, medical malpractice case, medical malpractice attorney, divorce lawyer, family lawyer in Dubai, divorce attorney, criminal lawyer, accident attorney, accident lawyer attorney, auto accident attorney, car accident attorney for auto accident, attorney for car accident, attorney for personal injury, attorney injury, attorney personal injury, auto accident attorney, auto accident injury, lawyer auto accident, injury lawyers, auto accident lawyer, best accident lawyer, best personal injury attorney, car accident attorney, car accident injury, attorney car accident, injury lawyer, car accident lawyer, car accidents lawyers, car crash attorney, car crash lawyer, car crash lawyers, car injury lawyer, car wreck lawyer, catastrophic injury attorney, claim for personal injury, injury attorney, injury claims, injury lawyer, lawyer accident, lawyer auto accident, lawyer for accident injury, lawyer for car accident, lawyer personal injury, lawyers for car accidents, lawyers for personal injury, local personal injury lawyers, making a personal injury claim, personal accident attorney, personal accident lawyer, personal injury, personal injury accident, personal injury accident attorney, personal injury accident lawyer, personal injury attorneys in personal, injury cases, personal injury claim, company personal injury claim, lawyer personal injury claims, personal injury compensation claim, personal injury defense, personal injury defense attorney, personal injury law attorney, personal injury lawsuit, personal injury lawsuits, serious injury attorney, serious injury lawyers, the injury lawyers, the personal injury lawyers, vehicle accident lawyer
The Aggrieved Party Direct Claim Against The Insured According to the Emirati Civil Mohamed Al Marzooqi Lawyer Dubai Abu Dhabi UAE WhatsApp: +971555570005

The Aggrieved Party Direct Claim Against The Insured According to the Emirati Civil Law and As Amended

In the absolute legal logic, there is no direct relation between the aggrieved party and the Insurer, and the direct relation exists first of all between the aggrieved party and the Insured, and it is controlled by the claim of responsibility. It exists, second, between the Insured and the insurer and it is controlled by the insurance contract. The aggrieved party is not a party in the insurance contract to have a direct right against the insurer under this contract. The insurer is not a partner as well for the insured at work, source of liability, so that the aggrieved party may claim directly under claim of responsibility. The relation then between the aggrieved party and the insurer is indirect, and the aggrieved party does not know the insurer except through the insured. The aggrieved party can, undoubtedly, claim the insurer indirectly and can use right of the insured towards the insurer, then he can claim for due compensation from the insurer in the indirect claim, at limits of the insured value, but the indirect claim does not help the aggrieved party that much. If he uses it, the other creditors of the insured will claim for what is produced out of it, and the insured may be insolvent, and the aggrieved party may get a little portion of his due compensation through the indirect claim.
Therefore, the aggrieved party has to claim directly against the insurer for its due compensation from the insured at limits of the insured value. Thanks to this direct claim, he becomes secured from competition of the insured, and takes the full due compensation from the insurer which is usually generous, as long as the compensation is at limit of the insured value and this is justice. The insured right cannot be proven against the insurer except with the aggrieved party claim against the insured. The insured cannot take its right except through a price paid by the aggrieved party which is the harm affected him and caused liability of the insured. It is just then that the aggrieved party only takes the right which he paid its price independently, and claims directly against the insurer without competition from the other insured creditors.
Jurisprudence tried to find a ground for this direct claim. An opinion is that direct right of the aggrieved party is based on stipulation for benefit of others. The insured, at time of contracting with the insurer, should stipulate paying the insurance amount to the aggrieved party. This can be challenged that the insured usually contracts for its benefit not for benefit of the aggrieved party in order to get the insurance amount as compensation against the affecting harm because of its liability towards the aggrieved party. The insurer contracts as well for benefit of the insured not for benefit of the aggrieved party, and when liability realizes it means to compensate the insured not the aggrieved party against the affecting harm because of realized liability. Another team adopted Labih known doctrine, and proves right of franchising for the creditor against its debtor from the creditor’s debtor if this right is proved for the debtor in consideration of a benefit for the debtor from the creditor, as in sublease and the lessor direct claim against the sublessee, or in consideration of a charge endured by the creditor because of the debtor’s act as in insurance against liability and the aggrieved party direct claim against the insured. The majority support that Labih’s theory fits only as guidance for the legislator to follow its content and to enact its legislation in its light.
Therefore, there must be a provision that gives the aggrieved party a direct right against the insurer, and thanks to this provision the aggrieved party takes its direct right from the same illegal act which resulted in his right against the insured. The illegal act created a direct right for the aggrieved party against the insured under rules of responsibility, and at the same time created a direct right for the aggrieved party against the insurer under the supposed provision, and the aggrieved party has power over the insured’s right towards the insurer because of this direct relationship. This power does not exist because the insured authorizes the insurer for paying for the aggrieved party, as this authorization does not exist, and it does not exist because the aggrieved party has a franchising right on right of the insured against the insurer as the supposed provision does not create a franchising right but it establishes a direct claim.
This power exists because of freezing right of the insured at hands of the insurer so that the aggrieved party can take his right from it, and the nearest example is seizing what the debtor has at other parties, as if right of the insured becomes seized by law at hands of the insurer so that the aggrieved party can take his right without competition from any other creditor for the insured. This provision which establishes a direct claim for the aggrieved party was created in France at successive stages.
In Egypt, judiciary was denying this direct claim without a provision, then changed this position, and the aggrieved party has a direct right from the insurer without a need to a provision based on the theory of stipulation for others’ benefit. The insured meant with insuring upon its responsibility to guarantee full compensation for the aggrieved party to avoid sequences of this responsibility. Through contracting with the insurer, it gives the aggrieved party a direct right upon which it receives compensation from the insurer.

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

The Aggrieved Party Direct Claim Against The Insured According to the Emirati Civil Mohamed Al Marzooqi Lawyer Dubai Abu Dhabi UAE WhatsApp: +971555570005 accident compensation, pedestrian accident, motorcycle accident attorney, accident compensation claim, car accident injury claim, car accident insurance, auto accident settlement, compensation for accident, accident injury law firms, truck accident attorney, auto accident lawsuit, car accident settlements, accident settlements, injured in an accident, accident laws, serious injury lawyers, accident & injury, vehicle accident lawyer, find injury lawyer, hurt in car accident, motor vehicle accident lawyers, settling personal injury claims, pedestrian injury lawyer, accident claim settlement, best accident attorneys, best motorcycle accident attorney, medical accident lawyers, best accident claim company, car accident bodily injury claim, lawyers for injury claims, injury claim after car accident, car wreck lawyer near me, best lawyer for work injury, accident lawyers no injury, male practice attorneys, lawyer site, top rated car accident lawyers, car accident insurance claim time limit, wreck car, hospital negligence attorneys, spinal cord injury lawyer, automobile accident lawyer, brain injury lawyers, motorcycle accident lawyers, road accident injury claim, car injury, car injury attorney, car accident cases, car accident litigation, personal injury car accident, automobile accident law, work injury lawyer, car lawyer, pedestrian accident attorney, best accident lawyer, auto crash attorneys, top injury lawyers, industrial injury lawyers, top car accident lawyers, hospital neglect lawyer, top personal injury firms, accident personal injury claims, i was injured in a car accident, personal injury at work lawyers, best injury claim lawyers, non injury accident lawyer, injury 4 lawyers, i was in a car accident, in a car accident, car claims, automobile injury lawyer, injury lawyers for u, personal injury claims solicitor, auto accident claim settlement, mva lawyer, claim after accident, severe car accident, what to do if someone hits your car, crashed car what to do, wreck a car, injured car, compensation attorney, settling a personal injury claim with an insurance company, medical accident claim, claim for back injury in car accident, lawyer for company, big lawyer firms, car accident insurance claim, auto accident lawyer, automobile accident attorney, car accident attorney, car accident law, car wreck lawyer, accident claim advice, car wreck attorney, slip and fall lawyer, slip & fall, truck accident lawyer, injured in a car accident, personal injury complaint, auto injury attorney, traffic accident compensation, traffic accident claims, whiplash accident claim, traffic accident attorney, traffic accident lawyer, burn injury lawyers, automobile lawyer, car accident injury attorney, injury at work lawyer, vehicle injury lawyers, personal injury atty, best car accident attorney, automobile attorneys, truck accident injury lawyers, best auto accident lawyers, local auto accident lawyers, the best injury lawyers, personal injury claim after car accident, injury lawyers in my area, auto accident lawyer no injury, collision attorneys, collision lawyer, injury & accident lawyers, serious injuries from car accidents, car accident damages, attorneys that handle car accidents, auto accident litigation, car lawyer near me, impact of car accident, medical sue lawyer, personal lawyer near me, car accident injury claim advice, car accident, auto accident injury, motorcycle lawyer, auto accident claim, personal injury solicitors, road accident claim, car crash lawyer, accident lawsuit, auto accident compensation, car accident liability, traumatic brain injury lawyer, accident legal, accident and injury, road accident compensation claim, injury claim company, car crash attorneys, personal injury trial lawyers, lawyer on, personal injury insurance claim, car accident solicitor, motorcycle injury lawyers, auto accident settlement amounts, accident and injury lawyers, best car accident lawyer, top accident attorneys, lawyers for accident claims, good lawyers for car accidents, making a personal injury claim after a car accident, lawyer practice, vehicle accident law, vehicle accident claims, trauma from car accident, accident related injuries, injury advice lawyers, lawyer doctor, accident claim amounts, mva attorneys, insurance compensation for car accident, best car for accidents, injury lawyers, spinal injury lawyer, claim for accident, accident injury lawyers, car accident lawsuit, car accident claims, car accident injury lawyer, car accident help, top lawyer, slip and fall accidents, car accident personal injury claim, auto accident injury claim, auto wreck lawyer, motor vehicle accident attorney, vehicle accident law firm, head injury lawyers, traffic accident compensation claim, slip and fall injury lawyer, auto attorney, personal injury compensation lawyers, whiplash injury lawyer, car accident personal injury lawyer, best injury lawyers, best accident claim solicitors, non injury auto accident lawyer, do you have to file a claim after auto accident,the motorcycle lawyer,personal injury legal,local injury lawyers,auto claim lawyer,lawyer for car damage,changing lawyers personal injury,an accident car,common accident injuries,injuries due to car accidents,best injury lawyer near me,car collision what to do,lawyer for hospital,medical attorneys near me,hospital attorneys,car insurance personal injury claim,car in an accident,legal advice for car accidents,injury lawyers medical negligence,car accident injury claim lawyer,law on car accident claims,making a claim after an accident,formula for personal injury settlements,auto accident,accident attorney,accident injury attorney,birth injury lawyer,web lawyer,accident injury solicitors,auto accident personal injury,accident claim company,auto accident law firms,car accident law firm,car injury claim,car injury lawyers,claim lawyer,vehicle accident attorney,motorcycle personal injury lawyer,truck crash lawyer,car injury compensation,injury claim lawyers,road accident lawyers,auto accident injury attorney,criminal injury lawyer,auto accident injury lawyers,car wreck injuries,filing an accident claim,best personal injury solicitors,car accident need lawyer,personal injury law lawyer,i was hurt in a car accident,car accident lawyer near me,accident lawyers in my area,premises liability attorneys,lawyer buffet,lawyer and,motor vehicle attorneys,free injury lawyers,serious accident lawyers,auto accident liability,accident pain,compensation law firm,misdiagnosis lawyer,auto car accident,car file,personal injury insurance claim settlements,car accident insurance process,car and car lawyers,personal injury and accident lawyers,personal injury motor vehicle accident,medical case lawyer,filing a claim after an accident,claim an accident,

“The Aggrieved Party Direct Claim Against The Insured According to the Emirati Civil Law and As Amended”