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The unity of civil fault

Wednesday, 09 April 2025 by Insuralex
Civil liability can have a contractual origin, when damage is generated in the performance of a contractual obligation, or a non-contractual origin, when damage is generated in which a contractual
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: Article 1.101 of the Civil Code Spain, Article 1.902 of the Civil Code Spain, no. 84/2018 of 19 February, SAP Madrid, Sect. 18

The consequences of non-payment of the premium in the context of a life insurance policy in accordance with Article 95 of the Insurance Contract Law

Friday, 04 April 2025 by Insuralex
We will analyze the Supreme Court ruling of March 2, 2020, which addresses “the consequences of non-payment of the premium in the context of a life insurance policy in accordance
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: Article 95 of the Insurance Contract Law Spain, consequences of non-payment of the premium, Insuralex Spain, Spanish Supreme Court ruling of March 2 2020

Another approach to the application of interest under article 20 of the Insurance Contract Act

Friday, 07 March 2025 by Insuralex
This judgement partially accepts the appeal and modifies the ruling of the lower court by fixing the date of recovery at a different moment than that established by the lower
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: article 20 of the Insurance Contract Act Spain, Insuralex Spain, Insurance Law Network, Insurance Lawyers Spain, Provincial Court of La Coruña (17/2024 of 11 January)

The theory of disproportionate harm

Wednesday, 05 March 2025 by Insuralex
In order to assess the existence of civil liability it is necessary that the person who alleges its existence proves the constituent elements of the same; however, among the exceptions
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: Insuralex, Insurance Law Network, Insurance Lawyers Spain, theory of disproportionate harm. Insuralex Spain

2025 Insuralex comparative European report on skiing accidents

Monday, 03 March 2025 by Insuralex
Skiing accidents often involve cross border situations, as such accidents are prone to happen either while being on holiday or having an accident with somebody who is on holiday or
  • Published in Andıç Partners, Arzinger, Belzuz Abogados Spain, Belzuz Portugal, Carter Perry Bailey LLP, Heuking Kühn Lüer Wojtek, Kellerhals Carrard, Law Firm Paul Muylaert, Mason Hayes & Curran, News + Articles, Olczak-Klimek van der Kroft Węgiełek, PD Law Offices, Popovici Nițu Stoica & Asociații, Reports, Sajic, SCP Soulié & Coste-Floret, Streefkerk Advocaten, Tramposch & Partner
Tagged under: comparative report on skiing accidents Europe, Insurance attorneys Europe, Insurance Lawyers Europe

The relevance of providing the insured with all the documentation of the contract, particular and general conditions, when contracting insurance.

Monday, 03 February 2025 by Insuralex
In this article we will analyse a recent judgement handed down by the Court of Granollers, in a claim filed by a hotel for loss of profit due to the
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: Business Interruption, confinement by COVID, Court of Granollers, Insurance Law Network, Insurance Lawyers

Start of implementation of the DORA Regulation. Its role in ensuring the functioning of the financial system

Thursday, 30 January 2025 by Insuralex
On 17 January 2025, the implementation of the DORA Regulation, an EU legislative instrument designed to address the risks and vulnerabilities that the financial system may face as dependence on
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: European Systemic Risk Board, implementation of the DORA Regulation, Insurance Law Network, Insurance Lawyers Spain, Mikel Reina

Some reflections on the coverage of claims caused by natural disasters: special reference to the DANA of October 2024

Friday, 06 December 2024 by Insuralex
The High Level Atmospheric Depression (HLD) of October 2024 has become, in terms of personal and material damage, one of the most damaging natural disasters in recent years in our
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: Compensation Consortium, coverage of claims DANA, DANA October 2024 insurance, Insurance Law Network

We will analyse the concurrence of fault in the harmful result and its consequences in civil liability matters.

Thursday, 05 December 2024 by Insuralex
The objective is to determine how contributory negligence can be applied to moderate or distribute civil liability between the parties involved in an accident, so as to achieve equitable compensation.
  • Published in Belzuz Abogados Spain, News + Articles
Tagged under: civil liability matters, harmful result, Insuralex Spain, Insurance Law Network, Provincial Court of Pontevedra

The effectiveness of the damage as a basic requirement for assessing the existence of civil liability.

Friday, 29 November 2024 by Insuralex
One of the requirements for the assessment of the State’s financial liability is the effectiveness of the damage; however, in civil law it has also been recognised that in order
  • Published in Belzuz Abogados Spain, Belzuz Portugal, News + Articles
Tagged under: effectiveness of the damage as a basic requirement, existence of civil liability, Insurance Law Network, Insurance Lawyers Spain, Judgment of the Supreme Court of 29 October 2008, Mikel Reyna Escalera, rec no. 942/2003), tort liability
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