Seguro de retiro en moneda extranjera, emergencia económica y cumplimiento del contrato en la moneda pactada
Published date | 23 July 2009 |
Author | Pablo S. Cereijido |
Date | 23 July 2009 |
Law Firm | Marval O'Farrell Mairal |
Con fecha 3 de marzo de 2009, la Corte Suprema de Justicia de la Nación confirmó la sentencia dictada por la Sala B de la Cámara Nacional de Apelaciones en lo Comercial en los autos “Álvarez, Raquel c/ Siembra Seguros s/ Ordinario" que ordenó al asegurador a pagar el rescate solicitado por el asegurado en dólares conforme a lo pactado en el contrato de seguro de retiro, a pesar de las normas de emergencia económica dictadas en el año 2002 que dispusieron la pesificación.
En el caso Álvarez, la Corte extendió la doctrina establecida el 16 de septiembre de 2008, en los autos “Benedetti, Estela Sara c/ Poder Ejecutivo Nacional”, en la cual se ordenó a un asegurador realizar los pagos en dólares en un contrato de renta vitalicia previsional, conforme lo convenido originalmente.
En el caso Benedetti, la Corte había señalado que la renta vitalicia previsional es una modalidad de jubilación regulada por la Ley N° 24.241 que creó el Sistema Integrado de Jubilaciones y Pensiones. La contratación de la renta vitalicia tiene una finalidad de previsión y de cobertura de riesgos y otorga al asegurado un derecho de crédito que debe ser integral. Los cambios económicos que puedan darse a lo largo...
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