Comutatividade no contrato de seguro

• Autor(a) principal: Queiroz, José Luiz de
• Data de Publicação: 2007
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7446
• topic: Mutualização dos riscos através do seguro; Contratos -- Brasil; Direito civil -- Brasil; Seguros -- Leis e legislacao -- Brasil; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Nowadays the modern law faces the obligatory relationship from a dynamical point of view, exceeding the elements it is composed of in order to consider the duty it must perform. In such dynamic perspective the obligation is shown as in a process where the obligatory relationship figures as something complex that links and unfolds a succession of acts towards an aim: completion or satisfaction of creditor´s interests. So, in the obligatory law we might shimmer a moral concern in the search of social harmony in detriment of merely selfish interests. It reveals then a tendency to socialization and moralization. Isolated, man is very vulnerable to unexpecdted crisis that might keep him in a state of insecurity which might be morally punishble and economically disastrous. Undertaking and holding responsabilities demands a certain trust in the future; why, if the insurance does not avoid damage, it dissolves its effects among all the insured people. But for the insurance Company being able to really repay all the damages with contractual covering, it is necessary to organize the mutuality of risks according to rigid mathmatical rules which are the base of its technique. The insurance is, therefore, a commutative contract, as a matter of fact, a coletive forensic business which is integrated by many individual acts that lead to the common fund the technically demanded resources, viewing the security of everyone concerning to the future uncertainness. The common mass of financial resources belongs to nobody when it refers to individual property, being sometimes left open and permanently available to comply the needs which may appear and for which satisfaction is was constituted