Mérito y transparencia respecto a la distribución de productos de seguros

The complexity of regulated markets has made the need to reinterpret the autonomy of the parties a more salient issue. Hence, at the same time that such (private) autonomy seeks to meet the requirements of the values and principles of our own constitutional and legal order, it also seeks to protect the weaker contractual party. This is particularly evident in insurance markets where the issue of validity in the context of negotiations is often resorted to, or where there are claims made-type clauses, which are focused on verifying a legal cause that is ultimately worth protecting. The fact that the lawmaker seeks to protect the contractual weakiest or weaker party entails the strengthening of the principle of transparency once it has overcome the scope of an informational relationship, that also covers all actions carried out by the intermediary to avoid its behaving in a manner that impairs or harms the interests of the customer.