El reaseguro marítimo: naturaleza jurídica y funciones principales

Abstract

In the present paper, an examination is undertaken of the legal nature of a special category of the reinsurance contract, namely maritime reinsurance. The study will further address the principal clauses that have progressively been incorporated into policies in order to meet the particular requirements inherent to reinsurance, as well as the issues and implications that such clauses may entail with respect to the traditional functions of the contract, the established relationships between the contracting parties, and, ultimately, the market.

The analysis of these arrangements — which constitute an innovation in legal practice and originate in the contractual autonomy of insurers and reinsurers — will be conducted from a comparative perspective, drawing upon Spanish and Italian legislation and legal scholarship, and taking into consideration the experience developed within both legal systems.