THE CIVIL RESPONSABILITY INSURANCE THEORETICAL DEVELOPMENT AND THE SINESTRALITY DETERMINATION PROTAGONIST ROLE NOWADAYS IN COLOMBIA

Abstract

The main objective of this article is to carry out a study of the concept of liability
insurance and the determination of the occurrence of the accident. As a starting
point, it must be specified that the Claim is the materialization of that uncertain
event that does not depend on the will of the policyholder, the insurer, or the
beneficiary and therefore said materialization or realization gives rise to the
obligation on the part of the insurer to compensate an injury or damage, this under
the protection of an insurance contract; This is the reason why within the present
research article the different theories of the disaster were approached, since a
special burden is the object of multiple concepts. From the following writing some
criticisms are raised about each theory of the loss, taking into account the historical
development of the concept of civil responsibility in insurance matters. It is
concluded that under the theory of the claim in the contract of liability insurance,
certain requirements or determining facts must be met, according to the theory in
which the approach is carried out, so that the insured in the insurance contract has
undergone fundamental changes in the determination of its primordial role at the
time of the occurrence of the incident, for this investigation it was concluded that
the theory of the loss that addresses from the manifestation by the insurer to the
individualization of the damage through a conviction, is the most accurate and
most integral theory; already the debate is open throughout later investigations to
be able to deepen in this subject and thus to arrive at a universally accepted
theory.