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This text focuses on the legitimation in the cause treated from the point of view of the negotiable subjects not part of the negotiation (Bohórquez, 2009), whose assets are affected by non-performance of the contract. As a problem of the insurance business, it is possible to figure out a financial institution which releases a certain amount of money as a loan ,that guarantees its payment through a policy in case of death or disability of the debtor, and that imposes on the insurance company the obligation to assume the balance. In case of non performance of the contract, the insured faces the relativity of such contract in accordance with the principle of private law that prevents a third person from claiming its execution. From this perspective, the legitimation in the cause is characterized as the cause of the claim and requirement for the judgment on the merits, defining the contractual position of the debtor-insured as the third participant non part of the insurance contract, interested in the accomplishment of the obligations arising from it , and who looks for his patrimonial indemnity, and therefore it is legitimated to a substantive decision, according to the recognition from the Civil Chamber of the Supreme Court.

temas socio-jurídicos/temas socio-juridicos

Legitimación en causa del asegurado en el contrato de seguro grupo deudores para reclamar a favor de la entidad financiera que se pague el saldo de la obligación