Necesidad de incorporar a continuación del art. 49 del título xvii, libro segundo, del código de comercio, una sección sobre el seguro de protección ambiental que garantice protección al medio ambiente

By Decree No. 1147 of November 29, 1963, published in Official Gazette No. 123 of December 7, 1963, the amendments to Title XVII, Book II, of the Commercial Code, title containing the law applicable to states insurance contract. Section 1 of the law applicable to the insurance contract governs the establishment, organization, activities, performance and termination of legal entities and the operations and activities of the individuals that make up the private insurance system; which shall be subject to the laws of the Republic and the supervision and control of the Superintendency of Banking and Insurance. According to Article 3 of the law applicable to the insurance contract, the Commercial Code states for the purposes of this Act, insurance is considered a legal person authorized to operate in Ecuador, who assumes the risks specified in the contract insurance; applicant to the natural or legal person who contracts for insurance, either on their own or that of a third party or determinable risk transferred to the insurer; insured is interested in transferring risks; and beneficiary, is to be received, in case of accident insurance product. It is the case that the law applicable to the insurance contract, the Commercial Code provides different kinds of insurance such as property insurance, fire insurance, liability insurance, trucking insurance, insurance people as life insurance and reinsurance; but nothing indicates environmental protection insurance. Therefore, in case of exploration and mining has signatures environmental liability insurance, very different matter, because it does not try to fix the damage, but it is necessary for environmental protection is guaranteed, of vital importance since our Constitution guarantees the protection of the environment. Ecuadorian legislation, referring to liability insurance, provides that the insurer must meet within the limits specified in the contract pecuniary compensation according to the law applicable to the insured pay civilly liable for damage caused to third parties, made under the contract. Ie liability is the basis of liability insurance. The liability insurance is not insurance to third parties. The insurable risk must be stated in the contract, otherwise it can not be that the insurer assumes the payment of the claim by the insured. The liability insurance is intended to protect the insured's estate from potential harm resulting from a liability incurred. In Ecuador, it is necessary to have policies on environmental protection, not under the current global practice of granting environmental responsibility policies, or have several pools of structured insurance insurance companies, because they are confined to certain economic activities, coverages and under particular liability policies, so the tendency is to ensure environmental risks and environmental pollution through damage liability insurance is maintained. What in my opinion, is restrictive, and that through these policies no protection for the environment affected by environmental damage, but eventually heritage protection official, who is the insured, as are contracted through insurance seeks to compensate victims of an environmental accident has affected his property and his person

• 主要作者: Toledo Chiriboga, Miguel Alberto (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2015
• 主題: DERECHO AMBIENTAL; PROTECCIÓN AMBIENTAL; DERECHO DE LA NATURALEZA; SEGURO DE PROTECCIÓN AMBIENTAL
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/8396