Apuntes para una historia de la Ley del contrato de seguro del Perú
Keywords:
Insurance Contract, Insurance Contract Act 2012, History of the Insurance Contract Act, History of the Insurance Contract Actgross risks, gross risks, Peru.Abstract
This study refers to the historical process that gave rise to the Peruvian Insurance
Contracts Act 2012 (ica). It aims to identify the proposals and performance of the
stakeholders that preceded this important piece of legislation. To that end, documents
from the Peruvian Congress and other sources are mainly used. Among its
conclusions, it states that unlike previous proposals the focus of the project that
gave rise to the ica, that is, the sbs Project 2005, was the need to protect the insured
party and promote legal balance in insurance relationships, based on the Stiglitz
Project and contributions from local experts and organizations. It also identifies
the participation of stakeholders, their positions and proposals. Finally, the studyrecommends that Draft Law 4635/2014-cr, which seeks the exclusion of the socalled
“gross risks” from the scope of the ica 2012, should not be approved by the
Peruvian Congress.