Unfair Terms in Insurance Contracts

被引:0
|
作者
Villalobos de Bastidas, Flor [1 ,2 ]
Aguirre Andrade, Alix [3 ,4 ]
机构
[1] Univ Zulia, Catedra Derecho Mercantil, Maracaibo, Venezuela
[2] Fac Ciencias Jurid & Polit, Div Estudios Grad, Maracaibo, Venezuela
[3] Univ Zulia, Catedras Derecho Int Privado & Etica Abogado, Maracaibo, Venezuela
[4] Fac Ciencias Jurid & Polit, Ctr Invest Derecho Privado CIDEP, Maracaibo, Venezuela
关键词
Adherence contract; insurance contract; unfair terms;
D O I
暂无
中图分类号
C [社会科学总论];
学科分类号
03 ; 0303 ;
摘要
The objective of this article is to analyze the insurance contract, a characteristic adherence contract that, because it is developed by insurance companies using preset formats, tends to include unfair terms. Regarding methodology, documentary sources were reviewed and a descriptive investigation was made regarding the regulation of unfair terms in the Venezuelan legal system and other laws. Results indicated that unfair terms are commonly used by the insurance practice; therefore, their regulation is required as is their prohibition through mandatory norms that tend to protect the weak party, even while the validity of the autonomy of parties principle is affirmed in the signing of insurance contracts.
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页码:237 / 261
页数:25
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