O contrato de seguro e as implicações do código de defesa do consumidor

• Autor(a) principal: Fontes, Regiane Antonia
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36722
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Contrato de seguro e o CDC; Direito do Consumidor; Seguro é o CDC; Cláusulas abusivas no contrato de seguro; Insurance contract and the CDC; Consumer rights; Insurance is the CDC; Unfair terms in the contract of insurance

The present study has as its object the presentation of the insurance contract in respect of consumption in modern society and the protection that the Consumer Protection Code guarantees consumers to suppliers. At first comes the account of the history of insurance in Brazil and abroad, showing the historical evolution and the development of insurance legislation to the entry into force of the CDC that the insurance market has changed too. What we observe in practice insurers are not applying the standards of the CDC to the fullest extent deserved, but the change is considerable, as there are today several judged in favor of the consumer which has forced insurers to review their practices. There was analysis of the CDC principles applied to insurance. In addressing the duty to inform is clear that insurers / providers do not yet do its role, as many policyholders to hire an insurance policy does not have access to the general conditions and the broker did not alert to clauses limiting law. It shows that we are on course, but has yet to evolve a lot of respect for the consumer. Another aspect studied was unfair terms contained in insurance contracts and for this reason the aggrieved consumers need to pursue their rights in court. The present study shows that it is still abuse the insurance contract and form of marketing, but the laws in force and the bills with this picture of the Courts abuse will be changed in the course of a few years and will be respected the rights of consumers in order that they are vulnerable in the consumption process