Seguro de responsabilidad civil. Oponibilidad de la franquicia
Date | 14 September 2007 |
Published date | 14 September 2007 |
Law Firm | Marval O'Farrell Mairal |
En los autos “Cuello Patricia Dorotea c/ Lucena Pedro Antonio s/ Daños y Perjuicios” el 7 de agosto de 2007 la Corte Suprema de Justicia de la Nación dejó sin efecto una sentencia de la Sala B de la Cámara Nacional de Apelaciones en lo Civil que había declarado inoponible al damnificado la franquicia establecida en un seguro de responsabilidad civil de un vehículo de transporte público automotor.
La Corte resolvió en forma análoga a lo ya resuelto por ese tribunal en las causas “Nieto, Incolaza del Valle c/ La Cabaña S.A y otros s/ Daños y Perjuicios” y “Villareal, Daniel Alberto c/ Fernández, Andrés Alejandro y otros s/ Daños y Perjuicios”, falladas el 8 y 29 de agosto de 2006 respectivamente.
Para fallar de tal forma tuvo en cuenta que la franquicia se encontraba legalmente prevista y que no era incompatible con el principio de reparación integral de los daños ya que, al contrario, incentivaba la prevención de los mismos en tanto el asegurado debía evitarlos sino respondería con su patrimonio por una parte de ellos.
La Corte consideró que la libertad de contratar, de competir, y de configurar el contenido de un contrato constituyen una posición jurídica que la Corte debe proteger como tribunal de garantías constitucionales. Asimismo consideró que la libertad de ejercer una industria lícita, celebrar el contrato y fijar su contenido son garantías que se encuentran tuteladas...
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