Abstract

BEGUE HOYOS, MARÍA DEL PILAR  and  VASQUEZ VEGA, DANIEL. Changes in Judicial Interpretation of Colombia's Precontractual Disclosure Duties in Insurance Contracts. Rev. Derecho Privado [online]. 2023, n.44, pp.313-346.  Epub Feb 06, 2023. ISSN 0123-4366.  https://doi.org/10.18601/01234366.44.11.

This paper analyzes over 50 judicial decisions by the Colombian Supreme and Constitutional Courts to determine how the regime on precontractual nondisclosure and misrepresentation set in article 1058 of the Colombian Commercial Code has been interpreted. It shows that up to the first half of the 20th century the Courts tended to side with insurance companies by focusing on the insured's pre-contractual disclosure duties, but that during the last decade a shift has occurred and novel interpretation that favor the insured's position have become prevalent.

Keywords : Good faith; precontractual disclosure duty; non-disclosure; misrepresentation; insurance; stare decisis.

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