El riesgo en el seguro de crédito conforme a la legislación chilena
Inserted in the framework of the new regulation of the insurance agreement in the Chilean Commercial Code, articles 579 to 581 provide a regulatory context of the credit insurance, departed from the brief reference previously granted by the article 11 of the Decree with Legal force n° 251 of 1931. H...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6070661 |
| Source: | Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 46, 2016, pags. 3-38 |
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| Summary: |
Inserted in the framework of the new regulation of the insurance agreement in the Chilean Commercial Code, articles 579 to 581 provide a regulatory context of the credit insurance, departed from the brief reference previously granted by the article 11 of the Decree with Legal force n° 251 of 1931. However, a controversial reference to the hedged risk, related to the breach of the obligation, and a difficult adjustment with the legal facts that trigger the indemnity obligation of the insurer, show the need to revisit the topic, especially in an area of the insurance market in which the institutional design determine particular rules for the incorporation of the insurers of the first group. In turn, once shifted the liberal logic of the insurance agreement, basis of the codified regulation, and replaced by a reduced scope of the private autonomy, the possible normative mismatches may not be easily solved within the general conditions of the agreement, without affecting the imperative framework that aims to extend the level of protection of the insured party, in this case, referred to the identification of the risk. |
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