Contrato de seguro: Póliza, deberes y prescripción

Abel B. Veiga Copo (Author)

ISBN: 978-84-1085-924-1

Published: July 2026

Format: Hardcover

Language: Spanish

Publisher: Civitas (Thomson Reuters)

Description

A rigorous, exhaustive study of the general part of the insurance contract from the perspective of Spanish and comparative commercial law. This volume examines the legal concept and essential characters of the insurance contract as a distinct legal transaction, the subjective elements of the relationship (insurer, policyholder, insured, and beneficiary), and the main insurance modalities and their legal and commercial configurations. The work analyzes contractual content with particular attention to general and particular policy conditions, their structure, and their effects on risk delimitation and the distribution of duties and burdens between the parties. As in the rest of this multi-volume Tratado del contrato de seguro, the analysis draws not only on Spanish theory and practice but on European and American frameworks, with special reference to Canadian, U.S., and leading Ibero-American insurance law.

Key Features

Practical support for reviewing policy general and particular conditions and delimiting risk clauses in day-to-day claims and underwriting work. Comparative benchmarking of Spanish LCS solutions against German, French, Italian, Belgian, Luxembourgish, Canadian, and U.S. insurance law for cross-border advisory work. Systematic treatment of precontractual and contractual duties (risk declaration, premium payment, claim notification, salvage duty) directly applicable to policy drafting and dispute handling.

Coverage

Chapter 1 — The Form of the Insurance Contract: policy content and functions, the minimum content of Article 8 LCS, maritime insurance policies.

Chapter 2 — Perfection of the Insurance Contract: offer and acceptance, smart contracts and insurance, right of withdrawal, limitative and unusual clauses, interpretation of general conditions.

Chapter 3 — Binding Effect and Execution of the Contract: obligations of the policyholder (risk declaration, premium payment) and of the insurer (policy delivery, indemnification, duty of defense, duty to inform).

Chapter 4 — Duration, Prescription, and Private International Law: contract duration and renewal, prescription of actions under Article 23 LCS, interruption of prescription, applicable law under Articles 107–108 LCS.

About the Authors

Abel B. Veiga Copo is Professor Ordinario de Derecho Mercantil at the Universidad Pontificia Comillas de Madrid and one of the leading Spanish-language authorities on insurance contract law. He is the author of the multi-volume Tratado del contrato de seguro (Civitas), along with numerous monographs and articles on insurance, corporate, and commercial law published across Spain and Latin America.

Table of Contents

Chapter 1. The Form of the Insurance Contract
Chapter 2. Perfection of the Insurance Contract
Chapter 3. Binding Effect of the Insurance Contract, or Execution of the Contract
Chapter 4. Duration, Prescription, Private International Law
Bibliography

Why buy this book?

This volume closes the general part of Veiga Copo's Tratado del contrato de seguro, the most authoritative Spanish-language reference on insurance contract law, combining deep dogmatic analysis with extensive Spanish and comparative case law. It is an essential acquisition for law libraries and insurance law practices serving Spanish-speaking markets worldwide.

Keywords

contrato de seguro, Ley de Contrato de Seguro, LCS, derecho de seguros, póliza de seguro, deberes precontractuales, prescripción del contrato de seguro, Veiga Copo, Spanish insurance law, comparative insurance law

Target Audience

Insurance lawyers, insurance brokers and claims professionals, in-house counsel at insurance companies, law school libraries, graduate and doctoral students in commercial and insurance law, cross-border insurance practitioners

Genre

Insurance Law, Contract Law, Commercial Law

Q&A

What does the LCS require as minimum content of an insurance policy?
Article 8 of Spain's Ley de Contrato de Seguro sets out the minimum mentions a policy must contain, including identification of the parties, the risk covered, the insured sum, and the duration of the contract — all analyzed in detail in Chapter 1 of this volume.

How long do actions arising from an insurance contract prescribe in Spain?
Under Article 23 LCS, actions prescribe in two years for damage insurance and five years for personal insurance, subject to the interruption rules examined in Chapter 4.

What are the main precontractual duties of the policyholder?
The duty to declare the risk, answer the insurer's questionnaire truthfully, and communicate any aggravation of the risk during the life of the contract, all covered in Chapter 3.

How does Spanish insurance law compare with other European and American systems?
The book draws systematic comparisons with German, French, Italian, Belgian, Luxembourgish, Canadian, and U.S. insurance law throughout, making it a useful reference for cross-border practice.

Where can I buy Contrato de seguro: Póliza, deberes y prescripción?
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