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Search Results
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The misleading advertising: a problem of provider excusability or consumer recognoscibility?
The purpose of this work is to address what some of the judgments of our courts have come to call erroneous advertising in order to determinate whether, in fact, we are facing a new advertising category or, on the contrary, it constitutes the negative face of advertising misleading. The method used has been to review the judgments of the Santiago Courts of Appeal that have alluded to it between the years 2015 to 2018, critically analyzing them, based on excusability of the supplier’s error and its recognoscibility by the consumer, nothing that we are not faced with a kind of advertising other than misleading and that the use of it is unnecessary, a matter that affects The scope of Law 19.496 on the Protection of Consumer Rights, since there being a supplier error, recognized by the supplier there is no trust to protect, so civil law must to returned to.
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Exclusion of the right of withdrawal in online contracts with consumers in case of goods unsealed after delivery, not suitable to be returned for reasons of protection of health or hygiene
The right to withdraw from the contract is especially relevant today in the contracting of goods and services between businessmen and consumers, particularly in online contracting. In the Spanish legal system, such right is recognized in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. However, among the exclusions to the exercise of this right, the case of the supply of sealed goods not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery is contemplated. In the present work the elements of such exclusion are analyzed, the ineptitude of the good to be returned, characteristics of the “seal”, as well as information that must be provided to the consumer for the exclusion to operate, based on the sentence of the Court of Justice of the European Union, of March 27, 2019, case C 681/17, which admits the exercise by a consumer of the right of withdrawal in case of online purchase of a mattress that is unsealed for testing.
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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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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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SETTLEMENT OF THE JUDGMENT GIVEN IN A CLASS PROCEDURE AND ALTERNATIVES FOR THE REPAIR OF INDETERMINATE CONSUMERS
This paper analyzes the rule pronounced by the Court of Appeals of Santiago on September 7, 2023, in case No. 5740-2021, titled “Servicio Nacional del Consumidor con Farmacias Cruz Verde y otras”, referring to the payment of damages suffered by consumers in the “Farmacias Case”, which condemned Farmacias Cruz Verde, Salcobrand and Fasa for collusion and which resulted in a collective proceeding ordering the payment of the corresponding indemnities to consumers. This proceeding ended with an agreement between SERNAC and Farmacias Cruz Verde and Salcobrand, excluding Fasa, which decided to continue with the proceeding by means of an appeal.
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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.