فاعلية التأمين على الحماية القانونية في نظام المعونة القضائية - التجربة الفرنسية إنموذجا

Abstract

It is known that judicial authority responsible for application of the law and achievement of justice, in all societies in their different legal systems, it ensure the right guaranteed by constitutions and laws to all people as a public service, for both natural and moral persons by exercising the "Right to sue", this service cannot be described free of charge but is provided in return for the legal fees imposed by the legislator when this right is exercised, to ensure seriousness in exercising this right on the hand, and for the purpose of completing the formal element of judicial procedure in the litigancy, which can exist only from the date of payment of the legal fee on the other hand. Many states, in their different legal systems, have sought to seek alternative or other systems supporting the legal aid system, in order to avoid some of disadvantages of this system, the first of these disadvantages is the economic inability of some states to cover the necessary and adequate expenses to exercise the right to sue, the first of these states is the French legislator effort in this regard to find modern means supporting the legal aid system to ensure the legal protection of persons when they exercise their right to sue, which so-called, in such names, as: "Guarantee of legal protection", "The legal expenses insurance" and The legal protection insurance" decided by its provisions in the French Insurance Law in 1930, a system that we have not found in the Arab comparative national procedural legislations, we divided our research into two topics: the first one, deals with: the legal relation between the Legal Aid System and legal protection insurance, and the second deals with: the elementary provisions to legal protection insurance.