Treatise on the insurance contract

From analog insurance to a digital and sustainable product

This book aspires to offer a modern and comprehensive vision of the general theory of the insurance contract, which includes in a coherent manner the jurisprudence that has emerged since the enactment of the Insurance Contract Law, along with the most notable scientific contributions.

If this Treatise on the insurance contract has to be distinguished in some way, it is, above all, for being a systematizing compendium. A new structure is proposed that articulates insurance from a perspective more in line with its current nature.

The insurance contract cannot continue to be explained as it was done in the 1980s after the promulgation of the Insurance Contract Law. Many changes have been introduced: some are contained in the regulation, but others derive from jurisprudence, without ignoring relevant scientific contributions. Having grasped the above, Treatise on the insurance contract raises a profound reflection on the most important issues in the insurance contract.

Thus, a reference book emerges for those who approach it from practice (the comprehensive treatment of jurisprudence is another of its distinctive signs) and of debate for the doctrine specialized in the insurance contract (given the disruptive nature of some of its approaches).

The author

Juan Bataller Grau is a professor of Commercial Law at the University of Valencia. His professional career has been recognized with different distinctions: Alfonso el Magnánimo Award - Valencia Provincial Council (1997), L'Estimat Award - Professional College of Insurance Mediators of Valencia (2018) and Galicia Seguro Award for insurance research - INADE (2021 ). Currently he has 5 six-year periods of research and 1 six-year period of knowledge transfer.

He has taught in various master's degrees and has given multiple conferences both in Spain and in other countries (Germany, Portugal, Dominican Republic, Colombia, Bolivia, Cuba, Nicaragua, Peru, Argentina, Uruguay, Chile and Brazil). She graduated in Law in 1992 from the University of Valencia, where she obtained the Extraordinary Bachelor's Award. Subsequently, she received her doctorate in 1996 from the same University, and her thesis was recognized with the Extraordinary Doctorate Award. He has extensive legal advice work that he has been providing over the last 25 years to important economic corporations, prominent business associations and different Public Administrations. He is currently director of the Financial System Law Review, President of the Private Insurance Regulation and Supervision Working Group of SEIDA, founding member of the European network of excellence “Restatement of European Insurance Contract Law”, founding member of the network of international excellence “Principles of Reinsurance International Contract Law”, and member of the scientific committee of the Spanish Insurance Magazine. He has been a member of the group of experts of the European Commission for the study of the insurance contract in Europe, of the “Insurance & Reinsurance Stakeholder Group” of the European Insurance and Occupational Pensions Authority (EIOPA) -Supervisor of insurance and pensions in the European Union- , and the Civil Law Observatory of the Valencian Community. His research work includes various areas of Commercial Law, which have resulted in various scientific publications, both national and international, with his main lines of research being Insurance Law, Sustainability Law, and the extinction and insolvency of companies.