Reflexiones sobre la naturaleza jurídica del intermediario de seguros en Colombia
After an initial analysis of “insurance intermediary” from the legislative, jurispruden- tial and doctrine viewpoint in Colombia, several approaches are made as to its juridical nature by trying to determine whether it is an autonomous and indepen- dent institution or if on the contrary it is config...
| Autor Principal: | Ariza Vesga, Rafael Alberto; Liberty Seguros de Vida S.A. |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Pontificia Universidad Javeriana
2008
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| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/iberoseguros/article/view/14901 |
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| Sumario: |
After an initial analysis of “insurance intermediary” from the legislative, jurispruden- tial and doctrine viewpoint in Colombia, several approaches are made as to its juridical nature by trying to determine whether it is an autonomous and indepen- dent institution or if on the contrary it is configured within other contractual forms. The importance of clearly identifying the existence of an intermediation juridical act with its own set of obligations as well as of the need to present the professional character of the insurance intermediary regardless of its type is notable which results in a more rigorous analysis as to its contractual liability. Different existing theories as to the juridical nature of insurance intermediaries are revised as well similarities with other institutions such as mandate or services agreements. With that approach, the most significant aspects are revised according to the different types of intermediary, analyzing whether representation takes place or not as one of its characteristic elements. On the other hand, difficulties of legislation and practice in Colombia as to juridical nature of the insurance intermediary are presented which is the case for example with the recent amendment introduced to the Public Contracts Law (Law 1150 of 2007 and Decree 2474 of 2008). |
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