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La regla de la ‘prevalencia de las condiciones particulares sobre las condiciones generales’. su proyección en el ámbito de la interpretación de los contratos, y en especial en el contrato de seguro

Translated title of the contribution: HE RULE OF ‘PREVALENCE OF SPECIFIC CONDITIONS OVER GENERAL CONDITIONS,’ ITS PLACE IN THE CONTEXT OF CONTRACTUAL INTERPRETATION AND ESPECIALLY THE INSURANCE POLICY

Research output: Contribution to journalArticlepeer-review

Abstract

In the context of Contracts Law, one of the most resounding topics, but also
one of the most current ones, as to contractual construction, not only with
respect to non-standardized contracts but also standard-form contracts
and consumption contracts, among other expressions of current business
transactions, examining the modern rules of interpretation of contracts in
the light of comparative law and Colombian law is useful, in particular, the
rather well accepted rule of “prevalence of specific conditions over general
conditions,” which is a sort of nucleus of contracting practices today, both
from a general perspective and an individual perspective, especially as to
what is related to the insurance agreement (insurance policy) where such rule
is of the utmost importance, to the extent that a great deal of its structure and
subsequent development, in fact, has materialized as to the active and rich
insurance legal relationship.
Translated title of the contributionHE RULE OF ‘PREVALENCE OF SPECIFIC CONDITIONS OVER GENERAL CONDITIONS,’ ITS PLACE IN THE CONTEXT OF CONTRACTUAL INTERPRETATION AND ESPECIALLY THE INSURANCE POLICY
Original languageSpanish
Pages (from-to)59
Number of pages103
JournalRevista Ibero-Latinoamericana de seguros
Volume25
Issue number45
DOIs
StatePublished - 30 Nov 2016

Keywords

  • Contractual interpretation
  • insurance interpretation
  • insurance policy
  • general conditions
  • specific conditions
  • prevalence of specific conditions
  • interpretation rule
  • contractual hermeneutics

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