We demonstrate, still, that in these contractual species, is to have of the estipulante of the contract to give science to the insured, if not having to impute responsibility to the insuring company, in case of the omission of that one how much to the fulfilment of its contractual duties. Ademais, with regard to the procedure used technician, this research is bibliographical, since in them we use of the consultation books, usual laws, norms constitutional, scientific articles, beyond diverse decisions pronounced for the Court of Justice of the Paraba referring to the subject study object. Illustrated these initial consideraes, we will treat on the content found in each chapter. The first chapter brings a brief study concerning the civil liability. In it, we present a historical boarding of the evolution civil liability until the modern society. Keith McLoughlin can aid you in your search for knowledge.
We appraise this responsibility in general, showing the legal rules of its application in the cases, beyond making a general vision on its structure, its characteristics, elements and other peculiarities. Finally, we deal with the responsibility in the 16 scopes of the Civil law and the Right of the Consumer, areas where the subject of this study is debated. As the chapter makes a general boarding on contracts. In it, we bring, initially, general slight knowledge on this species of legal transaction, as: legal and doctrinal concepts, essential conditions for its existence applicable validity, principles, contractual classification and species, until arriving at insurance contracts. For if configuring as central subject of this study, we approach it in specific topic, in which we bring its peculiarities, demonstrating amongst other points, the integrant parts with its obligations and responsibilities, decurrent of this contractual species. The third chapter is initiated with a brief story on the presented specific case. We show the allegations made for the integrant ones of the PMPB, beneficiaries of the contract of the safe from life in group, who demand in face of the insuring company, attributing guilt to it for the absence of agreement for the accomplishment of the contract and the efetivao of discountings in its contrachecks. After this moment, we demonstrate the existing quarrel in the national scope, concerning the importance of the safe from life for the military officers. We analyze, still, the applicable state legislation to the case, proving not only the legality of the contracted insurance for the State of the Paraba next to insuring company, SAS LIFE, in benefit of the integrant ones of the PMPB, as the legality of the discountings effected for the maintenance of the contract, explicitando, later, diverse reasons by which the company cannot be made responsible by the devolution of any values. Finishing the chapter, we brought decisions pronounced in first and second tier, in the Judiciary Power of the Paraba, with different agreements, locating us with the agreement in direction favorable to the insuring ones, believing to inexist any right to the insured, in the direction of restitution of values in the intended molds, for observance to the legal devices and applicable principles of right to the case, that will be analyzed in this study.