MODIFICACIONES AL CóDIGO DE COMERCIO CHILENO: ARTíCULO 513 INCISO SEGUNDO - EL RIESGO

the limited chilean doctrine of the matter to the regulation of insurance has held a strong criticism to the second paragraph of the article 513 of the commerce code. if this is a law that contains an act of god's expression, it is not enough to define the risk. this implies that the insurance contract cannot protect negligent acts for the insured or negligent and intentional acts for a third party. this would lead to a disastrous consequence, such as excluding all the civil liability policies deposited in the values and insurance superintendence. in this work, appealing to the critical historical method and comparative law rights, we would conclude that the negligent acts of the insured and negligent or intentional acts to a third party would not break this law and can be insured by expressed pact or agreement.