Contrato de seguro: aleatório ou comutativo?

Abstract

In this text you can see if the insurance contract is random or commutative as its legal nature, because today there are many discussions on this topic. The doctrine and conservative jurisprudence classify the insurance contract, as random as they consider that the legal classification should be applied only as analyzing the contract and that only the insured has a certain obligation to pay the premium. The insurer in turn will only be required to compensate if there is the sinister thing or insured person. In this line of reasoning would be typically random insurance contract. Already the doctrine and more recent decisions have defended the thesis that the insurance contract is commutative because their analysis should consider not only the contract but also the whole social and commercial situation that leads to its formalization and the insurer also has the obligation to provide assurance to property or person of the insured, that is, even if there occurs the loss, the insurance period the insured sure that if something happens to the good or the person of the insurance contract object, the insurer will you or indemnify the beneficiary, so no guarantee obligation being paid by the insurer in the contract period. To achieve the goal of this work will be analyzed the historical context of the insurance contract, classification and main species. After randomness will be respected and reciprocal to finally sort out the insurance contract as typically random