Prescription in Insurance Contracts: Special Analysis of Prescription Applicable to the Insured and the Victim in Their Capacity as Beneficiary of Liability Insurance
https://orcid.org/0009-0003-5658-472X
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Countless discussions have arisen in the study of Article 1131 of the Commercial Code regarding the prescription of rights held by victims as beneficiaries of insurance. Jurisprudence has opted to present a theory suggesting that, by referring to Article 1081 of this statute, only extraordinary prescription is applicable in these cases, raising several concerns such as those mentioned below: Is this interpretation valid? Does this interpretation affect the prescription of the rights of the insured? How should the Commercial Code be modernized to settle this discussion?
Prescription, Civil liability insurance, Objective criteria, Subjective criteria, Modernization of the Commercial CodePrescripción, seguro de responsabilidad civil, criterios objetivos, criterios subjetivos, modernización del Código de Comercio
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