Keywords
good faith
nullity
representations
coverage questionnaire
How to Cite
Abstract
This article analyzes the regulation of concealment in Uruguayan Law.
Insurance contracts involve very delicate balances based on principles of good faith and economic rigor. Insurance companies are not in a position to assess all of the circumstances of risks. Thus they must base their assessment on information furnished by the insured, who must act in good faith and contribute, by making true and complete representations, to the insurer’s full understanding the risk. If the insured fails to perform this duty, the insurer could assume a risk very different from the actual one, which it would not have accepted, or at least not under the conditions agreed to. In such cases article 640 of the Commercial Code authorizes the insurance company to claim nullity of contract based on the insured’s concealment.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.