Main Article Content



This research aims at investigating  the legal frameworks for the work of the insurance broker in terms of  the contracts he prepares and concludes, and clarification of the importance of his role in concluding the contract for the benefit of the insured, whether he is a broker or an agent, by stating his obligations and duties and the laws governing his work as a mediator in organizing the insurance contract. It includes the mediator in the insurance contract and what is required from  him towards the parties to the contract and the consequences of his breach of his duties towards the parties to the contract.

The study used  the analytical approach through analyzing the elements of the study, and the descriptive approach to describe the problem of the study through a precise and organized scientific methodology in order to reach interpretations and results expressed in the body of the study. The study reached the following results: the broker always either represents the insurer and seeks to achieve his interest, or he represents the insured by searching for a company suitable for him in order to achieve his interest. The insurance broker is an agent for the insured client, and he is looking for a company that will accept coverage of his risks in return for a lower premium amount and broader guarantees. The duty of the mediator is to exert care, not to achieve an end, and the required care is the care of the usual man.

Article Details

Financial Law
Author Biography



Ajloun National University/College of Law


Abdul-Jabbar, S.,(2008). Authenticity Of Contracts And Their Effects On The Stability Of Legal Transactions, A Comparative Legal Study. A doctoral thesis submitted to the Faculty of Law, Al-Nahrain University.

Abu Al-Saud, R.,(2009). The Insurance Contract between Theory and Practice. 1st Edition, Dar Al-Fikr Al-Jami'i, Alexandria, Egypt.

-Abu Al-Saud, R.,(2010). Explaining The Provisions Of The Civil Law “Named Contracts”. 1st edition, Al-Halabi Law Publications, Beirut.

Al-Ammari, Z.,(2018). The Civil Liability of the Insurance Broker between the Legislative Void and the Weakening of the Insured’s Protection Guarantees. Commercial Judiciary Journal, Year 6, Issue 12.

Al-Awaji, M.,(1990). Civil Law, Dar Al-Nahda Al-Arabiya, Cairo.

Al-Bakri, A., Al-Bashir, M.(1980). A Brief In The Theory Of Commitment In The Iraqi Civil Law Ministry of Higher Education, Baghdad, Iraq.

Al-Bashir, M, &Taha, G.(2010). In-kind Rights. Part One, 4th Edition, Al-Atak for Book Industry, Cairo.

Al-Fadl, M.,(1999). The General Theory of Obligations in Civil Law, a Comparative Study. House of Culture, Amman, Jordan.

Al-Mafarji, Z.,(2010). The Civil Responsibility of Lucy, Dar Zain Jurist, Iraq.

Al-Rasheeda, I.,(2010). The Civil Responsibility of the Anesthesiologist. Shatat Press.

Al-Sada, A.,(1969). Sources of Commitment. Dar Al-Nahda Al-Arabia, Cairo.

Al-Sanhouri, A.,(1964). The Mediator in Explanation of the New Civil Law. 7(1), Contracts Referenced to Work “Contracting, Agency, Deposit and Guardianship”.The Revival House of Arab Heritage, Beirut, Lebanon.

Ghanem, I.,(1963). The General Theory of Commitment, Sources of Commitment. Sayed Wahba's office, Cairo.

Hamad, A.,(2003). The Journalist's Civil Responsibility, PhD thesis, University of Baghdad, Iraq.

Hussein, F.,(2006) The Historical Development of the Insurance Phenomenon. Annual Conference of the Faculty of Law at Beirut Scientific University, “News in the Field of Insurance and Guarantee in the Arab World,” Part One, Beirut.

Idris, K.,(2018). The Basis of the Insurance Broker's Responsibility between the Legislative Void and the Force to Protect the Insured. 15(43),Al-Minbar Al-Qawani Magazine, Morocco,.

Medhat, M.,(2001). The Civil Liability of the Insurance Broker, A Comparative Study. Dar Al-Nahda Al-Arabia for Publishing and Distribution, Cairo.

Medhat, M.,(2011). The Civil Liability of the Insurance Broker, Dar Al-Nahda Al-Arabia for Publishing and Distribution, Cairo.

Murqs, S.,(1970). Civil Responsibility in Arab Technologies, Part One, B.M.N.

Murqs, S.,(1988). A Comprehensive Explanation of Civil Law, Part 2 in Obligations. 2(2), D.M.N.

Musa, A.,(1992). The Bank's Responsibility for Fulfilling the Check Value. PhD thesis, Faculty of Law, Cairo University.

Qandeel, S.,(2005). The Civil Liability of Insurance Companies in Light of the Insurance and Agency Contracts. New University Publishing House, Alexandria, Egypt .

Rashid, B.,(2015). Material Damage Resulting from Physical Injury, Master Thesis, College of Law, University of Baghdad.

Saleh, B.,(2009). Commercial Law. Al-Atak for Book Industry, Cairo.

Sharaf Al-Din, A.,(1992). Insurance Provisions In Law And The Judiciary. Kuwait University Press, Kuwait.

Wasef, S.,(2005). Explanation of the Compulsory Insurance Law from Liability for Car Accidents with a Study of the Guarantee Fund System. International Press, Cairo.

Yassin, Z.,(2006). The Bank’s Responsibility Arising From Opening And Operating The Current Account, A Comparative Study. PhD thesis, College of Law, University of Baghdad, Iraq.

Zaki, M.,(1999). Problems of Civil Responsibility. 2nd edition, Dar Al-Nahda Al-Arabiya, Cairo.