Abstract

PENIDO, Thiago  and  MATA DIZ, Jamile Bergamaschine. Prohibition of price discrimination by gender in insurance contracts: an economic analysis of the Court of the European Union. Rev. Derecho Privado [online]. 2012, n.23, pp.77-105. ISSN 0123-4366.

Abstract This study analyzes the effects of the application of principle of equality - and the consequent prohibition of discrimination - in private legal relationships, verify ing, specifically, economic externalities and inefficiencies arising from the decision of the Court of the European Union that banned the price discrimination by gender in insurance contracts, based on Directive 2004/113/CE and german, portuguese and spanish law.

Keywords : constitutional law; equality in private legal relations; discrimination by gender; insurance contract; autonomy; contractual freedom; free enterprise; law and economics; economic analysis of constitutional law.

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