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Dutch Action

Safe from the Casualties of Passengers can in such a way be made in as well as private the public scope, this has for objective the indemnity of accidents occurred to the passengers of the vehicle, and possesss with main guarantees the death and permanent invalidity; other guarantees; expenditures health care, amongst others. 3.2. Of the direct action of the victim against the insurer This question tries controversy in some countries sufficiently, in the foreign law diverse is the positionings on the subject, the legislaes if they shock when dealing with the text of possibilities, some legislators understand that the possibility of the victim exists yes to directly file a suit action in face of the insurer, others understand that the victim will have to petition action in face of the insured and the insurer in set, as well as other legislators has a more restricted vision, where they initially allow the victim to file a suit the insured and later the insurer to be called deals. Melisa Wedge Pepper cites in its workmanship some examples of the boarded subject in the legislaes of the foreign law. In the Dutch right, in the Portuguese and Mexican legislation the victim will be able to directly interpose action in face of the insurer and indemnified being, in the law of Spain is the criterion of the victim, being able to set in motion the insured or the insurer, as well as to file a suit action against both. No longer Equator exists norms that forbid the possibility of the victim to petition direct action in face of the insurer. 6 In Brazil does not exist devices that forbid or allow the interposition of direct action of the victim in face of the insurer in the safe from civil liability, but already exists doctrines and jurisprudences that assent directly with the filling of a suit of the victim against the insurer, as he will be boarded in the next topics.

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