Author(s) Sofia Maria Ribeiro Marques
Advisor(s) Américo Fernando Gravato Morais
Synopsis In the genesis of this dissertation is the need to reflect on certain aspects of the regime applicable to insurance contract, in particular the question of its transmission by inter vivos and the inherent repercussions that are felt in other legal transactions which are associated. The current legal regime of the insurance contract, regulated by Decree Law nº72/2008, is underpinned by several pieces, national or from the community, which until then regulated this matter and that served as inspiration to our legislators. Systematization followed here did not want to ignore that fact, opting for an exhibition in passing these sources of insurance law. After an approach to characterize aspects of the insurance contract, advanced the treatment of transmission’s theme, with reference to the rules of lease assignment, empowering its transmission to the borrower and the transfer of asset to which the insurance contract refers to. The exposure of the subject under study will always be accompanied, when the relevance warrants it, by compared analysis of solutions adopted in other countries that are close to us and that have influenced and inspired arrangements of the contract in domestic law, in particular, Spanish and French Insurance Law and Swiss ‘’ Loi sur le contrat d’assurance’’. Given the growing importance of empirical and legal issues inherent to business establishment and its vicissitudes which incidentally are the source of many legal disputes, we chose, a weaving of the themes in question, empowering business transmission and its effect on its associated insurance contract, in particular when it is transmitted by means of conveyance and assignment of exploration, with the will to provide some input on solving some practical difficulties.
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