Análisis de los presupuestos de las cláusulas abusivas en el contrato de seguro bajo la ley colombiana y su aplicación en casos prácticos

Abstract

Due to the high demand of insurance contracts, the insurers have implemented the contracting of these through adhesion contracts, which possibly imply an unbalance between the parties. As a result, the insurance company usually imposes unfair terms on the insured, in detriment of his rights. However, the criteria for identifying unfair terms in the insurance agreement are not fully specified in our legal system. Therefore, it is of major importance for the insured to be aware of the requirements that make up such clauses. Consequently, this paper will identify the characteristics of unfair terms in the framework of the insurance contract in Colombia, based on an integrated analysis of the relevant laws, the jurisprudence of the Supreme Court of Justice and the national and foreign doctrine. Afterwards, a casuistic analysis will be carried out, which shall allow to put into practice, and thus reinforce, the previously analyzed theory.