Abstract

RODAS PAREDES, Paola N. INFORMATION DUTIES REGARDING PRE-CONTRACTUAL INFORMATION AND STATEMENT OF CLAIM IN SPANISHLEGISLATION. Rev. Bol. Der. [online]. 2014, n.18, pp.122-139. ISSN 2070-8157.

ABSTRACT:The duties imposed on the insured certainly are of paramount importance for the maintenance of balance in the reciprocal duties of the insurance contract. Consequently full compliance with the duty to provide pre-contractual information related to the risk is relevant, since from it derives the assessment, by the insurer, of the scope of the insured risk. On the other hand, once the loss has occurred, the duty to report it also corresponds to the insured, otherwise the insurance company could be prevented to fulfill its obligation to pay the agreed compensation.Thus, this paper addresses both events hoping the projected reform allows for improvement.

Keywords : Duties of the insured; pre-contractual information duties; statement of claim; Proposed Business Code.

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