Establecer en la Ley Orgánica De Transporte Terrestre, Tránsito Y Seguridad Vial y su reglamento, reformas con la finalidad de dar solución a las imprecisiones y vacíos jurídicos del seguro obligatorio de accidentes de tránsito, respecto a los bienes materiales de terceros.
In regard to matters Traffic offenses are judged according to the principles of justice, consolidating the effectiveness of due process and are of a special nature, because they are governed by the Law on Land Transport, Transit and Road Safety. But there is a drawback in that the law does not estab...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado: |
2015
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| Subjects: | |
| Acceso en liña: | http://dspace.unl.edu.ec/jspui/handle/123456789/8965 |
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Engadir etiqueta | Summary: | In regard to matters Traffic offenses are judged according to the principles of justice, consolidating the effectiveness of due process and are of a special nature, because they are governed by the Law on Land Transport, Transit and Road Safety. But there is a drawback in that the law does not establish a mandatory traffic accident insurance covering property damage. Mandatory Traffic Accident Insurance is a system in which various public and private actors, designed to provide adequate compensation to victims of traffic accidents protection, ensuring that they receive timely medical care or compensation for death or disability participate. But this insurance does not cover property damage coverage when there is product of a collision between vehicles, so it is necessary to introduce a compulsory insurance covering property damage. Thus when an accident occurs, and having no insurance to cover property damage, causing serious economic conflict to those affected by the accident, and this insurance to cover civil liability incurred in the accident transit, which causes to third parties harmed by such an accident are unprotected, unable to immediately claim compensation or payment for damage that occurred to them, thus creating legal uncertainty, which in this research arises alternatives to solve the problems posed This investigation concerns a legal-civil, issues on transit, which is generated precisely because of the unpredictability of our legislation as to provide the necessary legal certainty on transit, not to establish a compulsory insurance traffic accidents have regard to material goods of others; which affects ostensibly legal certainty for third parties who feel affected its economy when they have suffered a car accident; and there is no compulsory insurance within the law that allows them to recover their property affected. And it is precisely on this issue that I have allowed to develop across a broad theoretical, legal, doctrinal, analytical and critical base, as well as make the corresponding fieldwork auscultation criteria lawyers and jurists regarding this issue . Based on the results of the development of this study, conclusions and recommendations contained in the final part of the legal reform bill that is set in the unique contribution that allows me to provide this investigation is made, and is structured to Ecuadorian society |
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