Abstract

ORDONEZ ORDONEZ, Andrés E. New trends on insurance law in Comparative Latin American Law:. Rev. Derecho Privado [online]. 2014, n.26, pp.305-349. ISSN 0123-4366.

Recently a number of Latin American countries have made significant reforms to its domestic laws relating insurance contract. Particularly Chile, by a reform of the insurance contract chapter on its Code of Commerce, and Peru, by issuing a specific insurance law. Also countries like México and Panama, decided to regulate the financial and insurance sector, by issuing new laws relating the regulation and control of the insurance business, laws that necessarily project its effects on the special relationships between insured and insurers. The study of these new pieces of legislation in this matter, should contribute to discuss about the reform of insurance law in Colombia. Topics such as the reticence, reticent statements, or misrepresentation on insured's declaration of the state of risk; the increase of risk; the application of regulatory standards for contracts,- the identification of the parties,- the offer and acceptance on the preliminary negotiation in the insurance contract; and many others related issues are remarked on this paper.

Keywords : Insurance contract; essentialia negotia; misrepresentation; contractual duties; insurance risk; consensualism; avoidance; right to withdraw.

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