Comercialización de seguros a través de sujetos no legitimados:

escenario de riesgos

Abstract

In the legal microsystem of Insurance Law, a Special Insurance Marketing Regime is devised and regulated by our legislator, which establishes who are legitimized subjects that are able to commercialize the products. The requirements related to the intervention of legitimized subjects in the commercialization of insurance, are born in the technical nature of the contract itself and the consequent need to ensure a correct formation of consent. For this, the insurer must comply with the duty of good faith from the pre-contractual stage, by observing the liability of informing the insurable subjects about the content and extension of the clauses of the contract from the moment before its perfection. Over the years and the evolution of the markets, some events such as the commercialization of products have necessarily tried to legally adapt to the insurance commercialization regime through some reprehensible and unconstitutional regulatory norms, increasing the spectrum of legitimized subjects that they lacked the characteristics of professionalism and qualification required by higher hierarchy norms for the fulfillment of the purpose. In order to the appearance of new forms of commercialization, the Civil and Commercial Code of the Nation implemented on August 1, 2015 has received new forms of expression of consent, foreseeng a protective regulation for contracts concluded between absentees and, especially , by electronic media; a situation that led certain voices in doctrine to affirm that the requirements of legitimized subjects for the insurance commercialization no longer had a reason to be, in order to de new normative. The present work, aims to provide some answers to the following questions: Has the Civil and Commercial Code of the Nation modified the legal microsystem of insurance law? Because of its implementation, has it growth the number of legitimate subjects for its commercialization? If this answer is “no”, is the protection granted by the new regulation sufficient to allow new market players to act? If insurance is commercialized through non-legitimized subjects, will they carry out the risks that could affect the insurance market?