El perjuicio moral como interés asegurable en los contratos de seguro de personas y sus obstáculos.

Abstract

The purpose of this paper is to analyze the moral damage as an insurable interest in people insurance contract, included in our legislation through the approval of the Código de Comercio published in the Official Gazette supplement No. 497 on May 29, 2019. Its appearance in this legal body is undoubtedly thanks to the progress made in the subject of compensation for moral damages in the Ecuadorian legislation. However, unlike the aforementioned institution, the moral harm will bring with it new challenges in terms of quantification, which will not be fully addressed because the bases for this type of contract are currently being established in the different insurers of the country in an early manner. The starting point of this text will be the history of moral damage in Ecuador, the definition of harm and damage, as well as the meaning that it has when it comes together with the moral, the insurance contract in general and then the complications that will appear in the practice with mention to quantification and collection of compensation and its possible solution through the inclusion of additional rules for it regulation.