The Rule of ‘Prevalence of Specific Conditions Over General Conditions,’ its Place in the Context of Contractual Interpretation and Especially the Insurance Policy
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In the context of Contracts Law, one of the most resounding topics, but also one of the most current ones, as to contractual construction, not only with respect to non-standardized contracts but also standard-form contracts and consumption contracts, among other expressions of current business transactions, examining the modern rules of interpretation of contracts in the light of comparative law and Colombian law is useful, in particular, the rather well accepted rule of “prevalence of specific conditions over general conditions,” which is a sort of nucleus of contracting practices today, both from a general perspective and an individual perspective, especially as to what is related to the insurance agreement (insurance policy) where such rule is of the utmost importance, to the extent that a great deal of its structure and subsequent development, in fact, has materialized as to the active and rich insurance legal relationship.
Contractual interpretation, insurance interpretation, insurance policy, general conditions, specific conditions, prevalence of specific conditions, interpretation rule, contractual hermeneuticsInterpretación del contrato, Interpretación del seguro, Póliza de seguro, Condiciones generales, Condiciones particulares, Prevalencia de las condiciones particulares, Reglas de interpretación, Hermenéutica Contractual