L'Assegurança de crèdit referència a la delimitació de risc

Abstract

The notion of credit insurance in the 1980 law Ley de Contrato de Seguro (L.C.S.) (Insurance Contract) refers to insolvency insurance or to credit insurance in the strictest sense regarding the creditor's wish of protection from a debtor's insolvency, by searching for the cover of an underwriter. lf the initial intention was to prevent the insolvency of the underwriters themselves, it is now concerned with the prevention of the insured's debtor's insolvency. This protection is sought in the current absence of technical mechanisms and regulations for the protection of the insured, and derives from the imposition on the underwriter of the required solvency to guarantee indemnity payments, should these arise. But control of underwriters is now regulated by the 1995 law on private insurance regulation and supervision in accordance with European Community Directives. The L. C. S. is. regulated an insurance contract of the insured's cover against the debtor's definitive insolvency. This contrasts with security or surety insurance, in which the risk covered is that of the insured's debtor failure to comply. Insolvency lies at the heart of credit insurance but it is difficult to determine what insolvency is, particularly when there is no legal definition of the termo The L. C. S. does not define it: "For insurance credit, the underwriter is obliged, within the limits established by the law and in the contract, to indemnify the insured for ultimate losses that may arise as a consequence of the definitive insolvency of his or her debtors." It refers to definite insolvency as a risk in the technical insurable sense without specifying what such a risk consists of and merely gives hypothetical situations. These indicate the debtor's definitive insolvency established "When the debtor has been declared bankrupt through a final judicial resolution." This raises the question of knowing whether, within bankruptcy, it is necessary also to consider a commercial debtor's other economic crises such as temporary receivership, and to include the crisis situation of a civil (i.e. non-commercial) debtor, with the civil creditors' meeting or bankruptcy proceedings. The L. C. S. also considers definitive insolvency established "When an agreement of amount acquittance [an arrangement with creditors] has been judicially approved and endorsed." Here debtor and creditors agree on a reduction of the sum owed. Also, "When a court order or writ of execution has been served, and the resulting seizure has yielded insufficient free assets to cover the payment in question." An unsuccessful execution of writ or order means that the insufficiency of the debtor's assets required to cover the amount owed is considered a loss or writeoff, without judicial declaration of bankruptcy. Finally "When the policy holder and underwriter, in mutual agreement, consider the amount owed to be irrecoverable." Without denying that this rule may only infrequently be efficient, it basically complies with the function of closing and is not juridically capricious, but solves the difficulty in contending loss in relation to other hypothetical situations concerning the risk of definitive insolvency.