On the nature of the legal relations associated to damage and civil liability and their statute of limitations

Abstract

The complexity of the issues concerning the definition of the statute of limitations in the context of insurance relations is inversely proportional to the apparent simplicity of the provisions that the Civil Code provides for the matter. This article aims to analyze the regulations waived by the Civil Code for the various claims that may arise between the parties and third parties who benefit and are harmed within the scope of damage and civil liability insurance contracts. The paper emphasizes the case of the subrogated insurer on the rights of the insured in damage insurance contracts and the repercussions in terms of limitations of such subrogation