O contrato de seguro em face da nova perspectiva social e jurídica
AUTOR(ES)
Walter Antonio Polido
DATA DE PUBLICAÇÃO
2008
RESUMO
The text presents an evolutionistic overview of the insurance contract, from the birth of the Roman Law to the conceptual changes introduced by the Consumer Defense Code, the 2002 Civil Code, and the Statute on Elderly Citizens, mainly in regard to mass insurance. Although neither explicit nor underlying the only intention of stressing the consumerist ideals against the private concepts, the explanation on the theme may lead the subject matter to a confrontation in relation to the current development status not only of the national and foreign doctrines but also of the Brazilian jurisprudence. Pathologies and conservative practices existing in the modus operandi of the Brazilian insurance market still really oriented to the pacta sunt servanda system have been completely defeated by the Courts of Justice in the country, tending to re-conduct the practices to the modernity imposed not only by the social new order but also by the legal new order. The opening of the reinsurance market in Brazil, whose state-controlled monopoly started in 1939, brings encouragement and also innovative paradigms to the direct insurance market, benefiting the whole insurance industry and, indirectly, the final consumer
ASSUNTO(S)
pacta sunt servanda nova ordem jurídica obligation to comply with contractual clauses pacta sunt servanda contrato de seguro social function of the contract commutativity direito contratos -- brasil seguros -- leis e legislacao -- brasil guarantee of a legitimate interest resseguro provision fund reinsurance comutatividade função social do contrato new legal order garantia de interesse legítimo fundo de provisão insurance contract
