The risk society and insurance contracts: consideration about interpretation in favor of insured parties and limitation of the risks covered by the insurance contract / A sociedade de risco e os contratos de seguro: consideraÃÃes sobre a interpretaÃÃo mais favorÃvel ao segurado e a delimitaÃÃo dos riscos assegurados

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The evolution of society adds to one`s life new risks. These new risks are important to insurance companies. The consequence is that statistics and mathematics methods utilized to help companies define cost of new products have become more and more complex. In risk society occasionally the increase of risk levels cannot be clearly determined and, therefore, the consequences are difficult to foresee. In this perspective legislators have a very difficult task to consider as not allowed conducts which are not misconduct. The indetermination about risks put in check the future of insurance activities. Insurance companies are worried not only about exterior risks, but also with risks provoked by men. Insurance, in this context, is a way to reduce or minimize the effects of a risk society. Considering this context, in the other side it`s necessary to observe the differences between contractual clauses that limits risks and abusive clauses that are not legal. In the brazilian civil code(2002) the good faith is a general principle on every contract and also specifically applied to insurance contracts. Theories about the nature of insurance contracts, as well as the issue regarding the asymmetric information are presented and analyzed. The author demonstrates the importance of Judiciary in the solution of the conflicts and the distinction between abusive clauses and clauses that limits risks. When courts confuse the two different situations this has important consequences in insurance market. The premium goes to a higher level and market options are reduced

ASSUNTO(S)

abuse clauses insurance contracts direito privado risk society sociedade de risco contratos de seguro clÃusulas abusivas

ACESSO AO ARTIGO

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