Keywords
contract
act
rules
interpretation
hermeneutics
bill
insurer
insured
contractor
sources
clauses
equivocal
ambiguous
dark
restrictive
indemnity
good faith
insurance interest
adequate cause
How to Cite
Abstract
On this article, after a brief report of the situation of the hermeneutics, especially the juridical, a review is made, about the rules of interpretation in the bills for an Insurance Contract Act, presented in the Peruvian Congress since 1997. The bills are compared among them and to the other circulating in the field, like the one made by the Insurance Company Association, but specially to the bill prepared by the argentinian professor JUAN CARLOS FELIX MORANDI, for the Latin American Section of the International Association of Insurance Law (AIDA), before he died. The comparison is made article by article, item by item. It start by the sources used on the interpretation, follow by the integration of the antecedents which precede the formalization of the contract in order to its interpretation, the way to follow in the interpretation of equivocal, ambiguous or dark words or clauses, the restricted interpretation that should be made to the insured obligations, the forbidden pact against the law and, finally, the implied insurer recognition when it did not invoke a fact that was previously known in order to reject a claim. The author propose the inclusion of the insurance basic principles (indemnity, good faith, insurance interest and the adequate cause doctrine) with specific wording in this or other part of the bill and finished with an invocation to the insurers to support the preparation and promulgation of a modern Insurance Contract Act that protect basicly the consumer or insured.
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