Keywords
delayed payment
dmage insurance
insurance premium
fillment of obligations
How to Cite
Abstract
Law 45 of 1990 does not bring an advisable solution as to the issue of delay of payment of insurance premiuns, [a topic] that has to harmonize two equally important interests, to wit: the interes of insurance companies in that an adequate stimulus to the timely payment of premium that does not require the immediate and sudden elimination of its right to gain the premium exists; and the interest of insured parties of not seeing thenselves deprived from the coverage when there's lack of paymen of an economic consideration of least relative importance as to the insurer's consideration, for reason that may be completely strange to its real intention.
The delay in payin the premiun which amon us is an obligation subject to term in all cases, as there's a complimentary rule indicating so, is prodeuced as a result of the expiration of the term, time in which enforceability and delayed paymen coincide by virtue of what is provided in Article 1608 of the Civil Code, when on the one hand there is no legal requirement to make any legal requisition (either judicial or extra.judicial) for the delay to exist. It is worth nothing that there's a certain tendency in foreign legislations to condition the delay of the insurance party in paying the premium to a least private requisition on the part of the insurer, somenthig that does nor exist among us.
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