soyeb25
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Do³±czy³: 10 Mar 2024
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 Wys³any: Nie Mar 10, 2024 06:42 Temat postu: The first paragraph of article 1974 of the Civil Code only c |
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In this sense, the High Court has identified the right of the third party to demand from the insurer the obligation to indemnify and, on the other hand, the right of the third party to demand compensation from the insured. Both arise from the same illicit act, although the insurer's liability is subject to the special regime of article 76 LCS . Since 2003, for these purposes, a distinction has been made between proper and improper solidarity in these terms:
The first paragraph of article 1974 of the Civil Code only contemplates the interruptive effect in the case of Email Data solidarity obligations in the proper sense when such character derives from a legal norm. , without it being able to extend to the scope of improper solidarity, such as that derived from extra-contractual liability when several are judicially convicted.
In the ruling, which emphasizes that the “ application of the prescription by the courts must be cautious and restrictive ,” the magistrates affirm that “the ruling of the provincial court is correct when it considers the action against Ferrovial to be prescribed, especially when between this entity and Caser there are no contractual links”, as well as when it points out that “they do not interrupt the prescription of the action with respect to Azvi”. However, "the burofaxes addressed to the UTE, in which Azvi was integrated, do interrupt the prescription with respect to Caser."
In this way, the Supreme Court partially upholds the appeal “considering that the prescription that has been assessed by the contested ruling does not exist,” rescinds the ruling and returns the proceedings to the provincial court to issue a new ruling addressing the rest of the issues. issues raised.
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