Regulación de la póliza de seguro de fidelidad en el Ecuador.

Abstract

The Corporate Fidelity Insurance Policy is an atypical figure in our legislation, due to the fact that it constitutes an agreement between the insurer and the insured, improvement that is made by means of the manifestation of the consent of the parties that subscribe it. The origin of the denomination of this figure is found in some countries where they have typified the crime of fraud by unfaithful administration, as a crime against property, likewise, other types of crimes are recognized, for example, the alteration of accounts, prices, conditions, exaggerations or assumptions of expenses and fraud in the rendering of accounts; however, we can evidence in practice that this figure violates the rights of the workers, by virtue of its very arbitrary procedure. This responds to the fact that it is a regulation between private parties, due to the free and voluntary agreement. In the present degree work, our purpose is to determine that even if it is a civil insurance relationship, this can become a matter of constitutional relevance, due to the flagrant violation of constitutional rights.