Contratto di assicurazione e pretesa onerosità della clausola di regolamentazione del premio assicurativo: la soluzione offerta dalle Sezioni Unite della Corte di Cassazione.

Rosa Geraci

Research output: Contribution to journalArticlepeer-review

Abstract

[automatically translated] (ABSTRACT) Contract of insurance and claims burden of the insurance premium adjustment clause: the solution offered by the United Sections of the Supreme Court As you know, insurance is a contract whereby one party (the insurer), against payment of a fee (the premium), you are obliged to pay compensation to the occurrence of a specific event. This agreement may be of two types: "against" and "damage to life". In the first type the event covered by insurance is the damage from an accident, in the second, however, it relates to human life. The Civil Code, in the given concept art. 1882 cc, is split in a unified way these two great classes of insurance, even if the rules are now marked differences. However, there is an element that explains the unitary consideration: the risk profile, understood as the probability of an adverse event, the consequences of which the contract is intended to hold the insured harmless. Function and because insurance is the transfer of risk from the subject exposed to it (an ordinary citizen, an enterprise) to another, which takes upon itself for consideration. The insurer, in turn, is able to deal with these risks based on the law of large numbers and the calculus of probability. It 'obvious that the execution of these calculations and the management of these mechanisms constitute a difficult task that could not play anyone, particularly a single person: for this reason the law reserves the conduct of insurance to public companies joint stock companies and cooperatives, on pain of nullity (relative) of the contract, according to articles. 1883 cc. and 167 cod. ass. private. Under Article. 1901 cc, if the contractor does not pay the premium or the first installment of the premium stated in the contract, the insurance and, therefore, the obligation on the part of the indemnity insurer, remain suspended until the twenty-four hours of the day the Contractor shall what he had (this provision is, however, apply where the sense most favorable to the insured); otherwise, if the non-payment of the agreed premium installment relates to periods subsequent to the first, there is a grace period of fifteen days during which, despite the failure of the policyholder, the insurance remains in effect, with a requirement of the insurer to indemnify the insured or pay the capital or the annuity agreed in case, respectively, the casualty or event relating to human life meantime occur during that period of tolerance. This study aims to analyze the question of the formal award regulation clause in an insurance contract (under which the prize will spin off into two parts, one of which is determined in a fixed amount and to be paid in advance, the ' other variable to be paid to adjustment), when the insured fails to notify the market sales volume data over a given period of time (the information necessary for the calculation of the variable part of the premium) ...
Original languageItalian
Pages (from-to)1-4
Number of pages4
JournalDiritto&Diritti
Volume2008-10-30
Publication statusPublished - 2008
Externally publishedYes

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