Identifier: TFG:1068
Authors: Hernández Martínez, Elena.
Abstract:
This paper deals with the aggravation of risk in the insurance contract, effected a more detailed aggravation in personal insurance study. The risk is an essential element in any insurance contract, and its ambiguous and indeterminate concept, which has been refined over the years thanks to reforms that has suffered so much the Commercial Code and the Law of Insurance Contracts. The aggravation is an institution which highlights the characteristics of novelty, unpredictability, relevance, durability and independence of the will of the insured. All of them are required to be in front of the institution of the increase in risk, regulated, currently, Article 11 of Law 50/1980 on Insurance Contract 8 October. The aggravation of risk must be communicated by the policyholder, insured or by direct taxpayer within a specified period by Article 12 LCS. In the current regulation Article 11 LCS has introduced a new regulatory paragraph of personal insurance, which provides that no obligation to communicate the change in circumstances with regard to the state of health of the insured, which in no case will consider aggravation. The Supreme Court case law on the aggravation of risk in personal insurance has not always been the same, its approach has varied over time, so, we look at different positions in relation to the aggravation. A first approach was to consider the worsening health as aggravation of risk. However, in its judgment of 31 May 1997, it makes a change in accounting policy and now consider that a worsening health status can not be considered compounding risk. Thus, this work focuses on the doctrine and jurisprudence that address the increase in risk, focusing on the new regulation introduced by Article 11 of the Law of management, supervision and solvency of insurance companies and reinsurers.
Repositori URV