Casación y jurisprudencia : otra mirada a la ley y la norma

The guarantee in the insurance contract covers the fulfillment of the obligations between the parties, in this case: insured and insurer. Precisely the guarantee, as the basis of the insurance contract, will be the hypothetical point on which we will shed light on the gaps that generated the conflict between the parties. We therefore have three cases, three legal situations in which the positions of the magistrates will be analyzed, a theoretical approach will be given that can give force to such resolutions and their legal repercussion in the future, having the cassation and the jurisprudence as that part of our legal system that interprets the law and reorders what goes out of the norm, or that does not clarify it.