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Search Results
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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 persuasive purpose of advertising and its dangers with regards to consumer credit
Consumers decisions respond to stimuli. These can be conditioned by a variety of tools and, pursuant to them, alter tastes and preferences. The poor attention of consumer law on this subject, usually focused on the standards of clarity and truthfulness of advertising, neglect that consumers may be persuaded to make sub-optimal decisions. In the context of consumer credits, this can be proved observing the emphasis given by the law to the transmission of certain informational content in advertising (v.gr., the financial cost of the operation), but that, absent of a regulation that considers the problems derived from the individuals’ bounded rationality, the protective tool seems insufficient. The tendency to highlight the positive elements of consumption, displacing those that involve some degree of sacrifice, stimulate people to seek the financing for unnecessary consumption or in conditions that might be harmful, leading -in the most extreme situations- to over-indebtedness.
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PUNITIVE DAMAGES, ESPECIALLY TO PROTECT THE COLLECTIVE OR DIFFUSE INTEREST OF CONSUMERS
This paper studies critically the punitive damages regulated by law n.° 19496, with the objective of detect and evaluate the positive and questionable aspects of its regulation in the framework of consumer protection, through a dogmatic methodology based on regulations, bibliography and national and foreign jurisprudence, which allows a qualitative analysis of such sources in order to present and elaborate the hypothesis, theoretical frame- work, reflections and conclusions. In sections i and ii, a theoretical framework is formulated, represented by an approach to punitive damages on the basis of national and comparative backgraunds, through the spe- cific study of their nature and function, and it application in Chile by reviewing the discussions that have taken place in this regard, particularly regarding the alleged problems of constitutionality and the reparatory nature of civil liability. The hypothesis is that the regulation of punitive damages in the aforementioned law is positive because it contributes to sanctioning, deterring and preventing serious supplier misconduct, but questionable with respect to the regulation of its quantification; aspects that are developed in section iii.
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OF REPUDIATION THE MATERNITY DUE TO CHILDBIRTH
This commentary analyzes a case related to a maternity repudiation due to childbirth and the confusion incurred between the Civil Registry (Registro Civil e Identificación) and the Court of Appeals of Antofagasta due to act of right’s waiver because of the impugnation of a maternity being as a legal institution.
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Constitutional and legal regulation of water rights: current straints and proposals for their amendment
This paper illustrates the patrimonial aspects to which the water rights are subject in the constitutional logic and the effects that, of said ownership, radiate the water legislation. The purpose of this paper is to demonstrate what is the scope of the domain over the water rights and to what extent the said institution can be framed within the private patrimonial logic of Civil law. Likewise, it will be analyzed how the proposed amendments to the content of the water rights can strain –until fracture– the link of said ownership with the categories of civil property.
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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.