Bona fides, uberrima fides y buena fe: Transición conceptual y función estructurante en el contrato de seguro
Year: 2025
Type: article
Abstract: The purpose of this article is to present a summary, in Spanish, of the conclusions developed by the author in the work “Boa-fé no Contrato de Seguro” (Good faith in the Insurance Contract), recently published in Brazil. This work analyzed the role of good faith in the insurance contract and its conceptual transition. It aimed at specifying the meaning of good faith in the insurance contract in accordance with Brazilian law, identifying to what extent the utility of uberrima fides (utmost good faith) still exists as an autonomous legal concept. For this purpose, the work was structured in two parts. In the first part, the development of the concept of good faith in insurance law was analyzed in a historical-comparative perspective. In the second part, the structural function of good faith in the insurance contract was analyzed.
Author: Luiza Petersen
Institution: Universidade Federal do Rio Grande do Sul
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411092824