Post by rajiyakhatun406 on Feb 12, 2024 5:37:04 GMT
As my thesis director, Mr. Luis de Angulo Rodríguez, at the time general director of insurance at the time when Law 50/1980, of October 8, on Insurance Contracts (BOE of October 17, 1980) said, 1980), in an article titled “Towards the reform of the Insurance Contract Law, after more than XXV years of validity”, published in the magazine of the Spanish Association of Lawyers Specialized in Civil Liability and Insurance in the first quarter of 2007 : “You have to think that the ideal is to always look further afield. For this reason, it is to be hoped that the review of the LCS will actually be carried out, without falling into temptations to stagnate it.
Fleeing from that and any other stagnation will always be a good lesson to learn and of course to disseminate among our Students, based on the fact Ecuador Email List that the Law is institutionalized common sense and, when this does not happen, we will have to ask ourselves the cause. Thirteen years after those words, there is still no reform of the Insurance Contract Law and at the moment it is not expected . Of course, the Insurance Contract Law is maintained very well despite its forty years, but it is true that it urgently needs an important reform, especially aimed at achieving better coordination of it with consumer law , the which has undergone an important transformation and development through the numerous jurisprudence, both of our Supreme Court and the Court of Justice of the European Union, that has occurred in recent years.
It is necessary to address, in a profound and consensual manner, something as basic as transparency in insurance contracts. And in light of the aforementioned jurisprudence, in insurance contracts concluded with consumers, as is the case with banking contracts, the clauses limiting the rights of the insured are required to pass a triple control of incorporation, transparency and content . . What's more, if they do not pass this last control, they will be considered harmful and, therefore, void; Those clauses that may be considered unfair, disproportionate, iniquitous or, in general, abusive (in the sense of art. 82 TRLGCU ) are considered not to be included.
Fleeing from that and any other stagnation will always be a good lesson to learn and of course to disseminate among our Students, based on the fact Ecuador Email List that the Law is institutionalized common sense and, when this does not happen, we will have to ask ourselves the cause. Thirteen years after those words, there is still no reform of the Insurance Contract Law and at the moment it is not expected . Of course, the Insurance Contract Law is maintained very well despite its forty years, but it is true that it urgently needs an important reform, especially aimed at achieving better coordination of it with consumer law , the which has undergone an important transformation and development through the numerous jurisprudence, both of our Supreme Court and the Court of Justice of the European Union, that has occurred in recent years.
It is necessary to address, in a profound and consensual manner, something as basic as transparency in insurance contracts. And in light of the aforementioned jurisprudence, in insurance contracts concluded with consumers, as is the case with banking contracts, the clauses limiting the rights of the insured are required to pass a triple control of incorporation, transparency and content . . What's more, if they do not pass this last control, they will be considered harmful and, therefore, void; Those clauses that may be considered unfair, disproportionate, iniquitous or, in general, abusive (in the sense of art. 82 TRLGCU ) are considered not to be included.
