El Intervencionismo Público en los seguros privados

Zusammenfassung

There is an interventionism of the State in private insurances, through the Administrative Law and always to restrict the contractual liberty of people. According the intensity of this interventionism, the private insurances could be classified in three big groups: forced insurances, compulsory insurances and voluntary insurances. It is exposed how in forced insurances the Administration intervenes restricting the will of the individuals in such a way, that the insurance has to be accepted as it is proposed for the Administration if he or she wants to contract them (travellers forced insurance, etc). In the compulsory insurances it is studied how the Administration intervenes imposing the insurance in a law, because of the protection of the public interest and as requirement to grant the operating license, but the individual could choose the insurance company, premium, coverage and others (insurance of the hunter, insurances of spectacles, insurance of nuclear risks, etc). And in the voluntary insurances how the Administration intervenes but without constraining people and as some insurances are promoted by subsidies, fiscal advantages or the state guarantee (crops insurances, credit insurance, etc). Finally I recommend a new Insurances Agency to control the insurers and the return of Insurances Arbitration Courts to solve disputes. The main body of this thesis is in the book of this author" Estudio y clasificación de los seguros privados desde la perspectiva del derecho administrativo" published by Tirant Lo Blanch"