Código de Comercio
Código de Comercio

Libro IV · Título II Capítulo XI. Del contrato de reaseguro

Arts. 1020–10234 articles

Article 1020 Reinsurance contract

Under the reinsurance contract, the insurer transfers to another insurer or reinsurer part or all of its own risk.

All reinsurance contracts must be registered with the supervising entity, without any other procedure or legalization being required when the reinsurers are foreign.

Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish

Article 1021 Supplementary rules

In matters not provided for by the parties in the contract, the internationally recognized rules for the type of reinsurance in question shall apply, and, supplementarily, the provisions of this Code to the extent applicable.

Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish

Article 1022 Disagreements

The disagreements between insurer and reinsurer shall be resolved by the arbitration clause contained in the contract, which shall state that the arbitrators must be technical experts and shall take into account mainly the uses and customs of reinsurance.

It shall not be necessary to record the arbitration clause contained in this contract in a public deed.

Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish

Article 1023 No action against the reinsurer

The person who has the status of direct insured or of beneficiary shall have no action against the reinsurer or the reinsurers.

Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish

Source: OMPI, WIPO Lex (texto oficial suministrado por Guatemala, con las reformas anotadas hasta el Decreto 55-2010). Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.