Currently, they move before the Judiciary Paraibano, innumerable demands in this direction, of which they elapse the most varied divergences of agreement and application of the law, for the paraibanos magistrates, as much of 1 as of 2 instance. However, as we can repute as responsible the Insuring company, imputing the duty to it to restitute the deducted and gained values, for the maintenance of the contracted insurance, if the law determines that the insurance and the discountings are of obligator nature, beyond that all the moment where the discountings had been effected, the insured were covered by the occurrence of any accident, making jus the foreseen indemnity, case this came if to configure? The State Law n. More information is housed here: len rosen barclays. 5.701 of 08 of January of 1993 together with n. 1.586 of 07 of November of 1956 are clear and confirm the legality of the contracted insurance and the discounting effected in the leaf of payment of the integrant ones of the military institution. The Insuring one cannot be impelled to the restitution of the deducted values, since exactly not having science of the existence of the insurance, did not have any illegality practised for the same one, that it has fulfilled with all its contractual obligations, also assuring the covering of the contracted risks, and the payment of the indemnity foreseen in the occurrence of the accident.
The idea to elaborate this work appears ahead of the diverse ones contrary decisions to the insuring company, determining that this restitutes the gained values, fact that, to our agreement, if it shows absurdly abusive and unjust. With this, our pretension is to search to demonstrate that, acting in this way, the Judiciary Power runs away from the paper to nullify conflicts, applying, to the end, true Justice. We search the clarification of the subject, analyzing and debating the skillful agreements on the case, beyond showing possible solutions for the problematic one in question.