Abstract

FERNANDEZ MUNOZ, Mónica Lucía. THE CLAUSES "CLAIMS MADE" IN THE INSURANCE CONTRACT OF TORTS. Estud. Socio-Juríd [online]. 2002, vol.4, n.2, pp.213-246. ISSN 0124-0579.

The reform made to the Commerce Code introduced by the article 4 of the Law 389 of 1997, distinguished the Colombian legislation from many other legislations around the globe, due to the fact that it admits the measure of insurance under the concept of claims made causes. This innovation has created a revolution generating strong criticisms because it involves the vulnerability of the rights of the insured person generating evident advantages to the insurance companies. The discussions that have been generated around the claims made clauses, by the international doctrine and jurisprudence have been impelled, within other arguments, by the new tendencies of modem legislation that take into consideration the rights of consumers, putting into discussion even the validity and the lawfulness of this article. Many propositions have been made to try to find solutions to the serious problems that these types of clauses generate. It is now necessary to make efficient decisions in order to prevent abuses and violations caused by these clauses. It is considered suitable to open a debate the abusiveness and inefficiency of this clause analyzing at the same time the possible origin of the denominated exception of in constitutionality.

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