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Search Results
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IS IT POSSIBLE TO APPLY THE ECONOMIC ANALYSIS OF CONTRACT LAW AND CONSUMER LAW?
This article aims to justify the application of the L&E, both to Chilean contract law and consumer law, through the principles of good faith and consumer protection, respectively. This work highlights the application of the principle of efficiency as a relevant criterion in contract matters, and above all, in relation to consumer law. Although the justification for the application of the L&E to contracts and consumer law is the same, its application is different. In this way, the L&E would be applied to contract law through the principle of good faith, or the theory of general clauses, recognizing the principle of efficiency as a contractual principle, and to consumer law through the principle proconsumer.
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APPLICABILITY OF THE CHILEAN CONSUMER RIGHTS LAW TO THE INFLUENCER’S PUBLICITY
This document presents a critical appraisal regarding the application of the Chilean Consumer’s Rights protection Law (No. 19.496) to the so-called “opinion leaders” commonly known as influencers. To that end, the consumer relationship is described in its purest form, constructed between the supplier and the consumer, where the first one provides goods or services to the second, with the peculiarity that, in the object of the analysis, the consumer got seduced or -better yet- influenced by the actions of the “opinion leaders”. The author proceed to examine specific consumer rights applicable to this topic, such as the right to be free to choose (article 3° letter a); the right to a truthful and timely information (article 3° letter b]) and the ones related to prevent a correct false advertising (article 28). Subsequently, supported by the review of national and international legislation, authors and case studies, the document continues to configure specific obligations for the suppliers and influencers to comply according to the standards of their professions and its duties as the stronger part of the consumer relation that allows to assign civil or infractional responsibility, as appropriate. Finally, the document concludes exploring the actions prescribed by the law for nonobservance or non-compliance with said analyzed obligations.
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About the arbitrability of the consumer conflict in Chile: basic supply for a structural replanting
This work addresses the arbitrability of the consumer conflict in chilean law, as a starting point for the rethinking of the entire arbitration system on consumer issues in Chile. It deals with arbitrability in its subjective and material manifestations, and reviews the effects generated in this area by the inalienability of consumer rights, the imperative nature of the norms of Law No 19.496, about protection of consumer rights, and the scope of art. 230 of the Organic Code of Courts, about prohibited arbitration.
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THE PROTECTION OF THE DIGNITY OF THE CONSUMER IN THE BILL “SERNAC PROTECTS YOU”
The text analyzes the project known as “Sernac te protege” in the part that refers to the protection of the dignity of the consumer. The technique used consists of incorporating into the standard that regulates security and surveillance systems, a positive duty and another of abstention related to dignified treatment. Additionally, it adds the statement that the category of vulnerable consumer could serve as an element of adaptation of the indicated imperatives. The tenor of the subsections that are intended to be incorporated hints at the drafter’s intention to grant broad validity to the imperatives it contains. However, the location chosen, as well as some expressions used in the configuration of the rules, could put this breadth at risk.
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The business behind death. Park cemeteries as non-traditional financial suppliers
This article presents a commentary about the decisión of the 3rd Local Police Court of Maipú, confirmed by the Supreme Court, in which, after analyzing various elements of the promise of sale that the consumer contracted with a cemetery, it was determined that the business was, actually, similar to a leasing, and included the provision of a financial product, being possible to apply rules of Law No. 18.010 in conjunction with Law No. 19.496.
Although this qualification allows greater protection to the consumer against what may be considered a hidden financial product, the concept of “direct credit” allows a better explanation of the contract, allowing to understand that the operation carried out is a money loan, but it’s granted in a fictional way to the consumer.
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THE SCOPE OF SAFETY DUTIES’ BREACH IN MASS EVENTS: A VIEW FROM CONSUMER LAW
This paper aims to delve into the scope of safety duties’ breach by mass events organizers. Considering that massive shows’ trend is becoming more common in Chile and they represent a source of potential risk for attendees, this research analyzes mass events from a consumer law perspective. While being a topic omitted by Chilean doctrine, this paper focuses on the relationship between mass events and the consumer protection law, pointing out the specifications related to mass events’ safety duties. Furthermore, this article put the emphasis on the actors involved (legal and material consumer as well as the intermediary and real supplier) and the contract which confirms this relationship. The breach of safety duties’ scope gains importance when analyzing the diverse liabilities depending on the type of supplier. Finally, the means of exoneration for suppliers are exposed.