Publicación:

El contrato de seguros: un análisis desde el reconocimiento de perjuicios morales

Resumen

Within the insurance contract, rights and obligations are acquired, this originated from a consensual, bilateral and onerous agreement, where essential elements are applied in the insurable interest, the type of insured risk, the insurance premium or price and the obligation of the insurer, it is in this way where the conditions of compliance are applied and from there to the particularities of the contract made, an unforeseen obligation is set in a future and uncertain term, as a consequence of the above, the present investigation studies the exclusion of damage morality in tort liability insurance which constitutes a grievance against the insured and favoring the position of insurers, from this the validity of said exclusion is analyzed where it is valued from consumer protection and the consequences of the lack of information about the consequences generated by the damage that adds these characteristics and for this the victim of an accident requires compensation for the damages caused, where this defines the insurance contract and the rights of the policyholder and insured of the civil liability insurance contract in order to provide consumer protection with protection of the rights and if such situation constitutes a contractual abuse or abuse of dominant position by the insurers