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Abstract
This work relates to the topic of the limitation action under social welfare
(disability and survivors) insurance policies bought by pension funds as two different opinions have arisen in the Colombian Law. On one hand, a doctrine sector considers the application of the article 1081 of the code of commerce and of the other hand, some other sector who considers that such type of insurance policies have a special regulation contained in the social security regulation and therefore are prevalent as were issued after the issuance of the commercial code and such social security regulation on pensions were the origin of this type of insurances.
Also, the fact of being considered the social security a fundamental right by conexity under the jurisprudence of the Constitutional Court and being established as non subject to limitation action the right to the pension and only subject to limitation action the monthly provisions, those considerations have a direct influence on the way limitation action has to be applied on this type of insurances.
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