A sub-rogação prevista no art. 786 do Código Civil e a convenção de arbitragem celebrada pelo segurado

Subrogation (art. 786, Brazilian Civil Code) and the agreement to arbitrate executed by the insured party

Abstract

This article examines the Article 786 of the Brazilian Civil Code to ask if an arbitration clause subscribed by the insured can bind the insurer that has not adhered to it. By interpreting this legal provision, this paper aims to present that the arbitration agreement is not directly extended through the legal subrogation. The proposed interpretation is also in line with the privity of contract, which, in this case, is not exempted by another legal rule. In the light of these premises, it will be concluded that the arbitration agreement concluded by the insured does not automatically attach the insurer that did not negotiate or accept it.