Panorama general en torno a la configuración del siniestro en el seguro de responsabilidad civil. -Sistema tradicional o de ‘ocurrencia’

This text examines one of the most complex issues in the context of liability insurance zeroing in on the time where a loss arises, loss that is a legal entity in itself, and that is ultimately governed by a set of ends and purposes rather distinct, which results in this type of insurance being a particular one. Foreign jurisprudence is key as to the discussions surrounding this entity, and several theories have already been outlined, which have featured substantial and fast-paced discussions hovering around two clearly differentiated systems: (i) the classic or traditional one, which is based on the materialization of a wrong and (ii) the extraordinary one, which is based not on the materialization of a wrong, but on the claim submitted by a third party to the insured party (claims made). This text outlines and succinctly explains such theses discussed abroad (comparative law), and also the analyses debated by scholars and jurisprudence.