Jorge Luis Ordelin Font

La agravación y disminución del riesgo en el contrato de seguro en Cuba: acaso un supuesto de revisión judicial ante el acaecimiento de hechos imprevistos?

In every contract people as parties may call upon the court to review the agreed legal business when benefits become excessively burdensome for one of the contractors under the occurrence of unforeseeable, extraordinary, inevitable and totally unrelated to the will of these. But some civil codes deny the possibility of application of this theory to certain contractual types, amongst these random contracts, and particularly insurance. In this sense a sector of the doctrine has also supported this approach based on the analysis that would be improper to speak of unpredictability in a contractual type that is configured exactly the presence of unpredictable elements that will determine the outcome of the contract. But to deny this possibility would be to go against good was as a general principle of law, that the seat is particularly relevant contracts. Given this imperative, this article elaborates on the theory that allows to apply for judicial review of randomized contracts, especially the insurance contract from historical analysis – doctrinal and legislative theory of foresight and their relation to the alloy as characteristic feature of these contract types.