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Search Results
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ABOUT THE TERMS AND CONDITIONS IN ELECTRONIC CONTRACTING BASED ON THE IMBALANCE IN THE RIGHTS AND OBLIGATIONS OF THE PARTIES
This comment analyzes the sentences handed down by virtue of an action in defense of the collective interest initiated by SERNAC aimed at declaring the abusiveness of the terms and conditions set forth on the website of an e-commerce platform, to which consumers had to adhere at the time to make your purchases. The study focuses on reasoning, in light of the criteria established in article 16 letter g) of Law No. 19,496, carried out in the different instances and by the Supreme Court when examining the clauses referring to the right of withdrawal; the formation of consent in electronic contracting and the rules on competition in the face of conflicts suffered by consumers.
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THE MANDATE TO COLLECT AS A FORM OF ASSIGNMENT AND THE ACCEPTANCE OF THE ASSIGNMENT THROUGH LITIS CONTESTATIO
This commentary analyses a recent decision which declared that the assignee of a credit, despite not having notified the debtor of the assignment, may nonetheless collect the credit as long as he appears as agent of the original creditor. Special attention is drawn to the complicate mechanism chosen by the assignee/agent in order to collect, which is based in an erroneous interpretation regarding the time and manner in which the assignment must be notified.
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LIABILITY OF TOBACCO COMPANIES AND THE ROLE OF THE STATE IN THE PROTECTION OF FUNDAMENTAL RIGHTS. ISSUES RAISED
It is well known that cigarette consume is harmful for health and is also known that health is a human right. As a human Right is established by the Argentine National Constitution and the International Treaties of human Rigths included by the constitutional reform approved in 1994.
Effective enjoyment of this right joins with the protection of consumer, both protected by our Constitution, deserving State guarantee.
It is quite important to discriminate who should take responsability for the damage that this consumption causses not only to smokers but also to pasive smokers.
Then it is necessary to establish the link between them and the tabacco companies: if it is contractual or non contractual liability or there is a third possibility arising from the right of consumption, and in turn consider the responsability that the smoker in public spaces and even private spaces may asume, opposite to those who are forced to inhale tobacco smoke.
Also, to conclude, analize the paradoxical role given to the State who appears as guarantor and at the same time violator of the fumdamental rights committed, becoming actor or defendant in trails concerning this issue.
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Fitzpatrick, Brian T. (2019). The Conservative Case For Class Actions. Chicago: The University Of Chicago Press. 271 pp.
Esta ha sido una obra polémica en su país de origen. Como bien es sabido, en Estados Unidos el régimen de acciones colectivas desde hace muchos años ha sido objeto de un intenso debate y crítica. En dicho contexto fallos de la Corte Suprema estadounidense –en su mayoría conservadora– han dado inicio a su futura muerte, en especial en materia consumo. En este debate quienes de manera más fuerte han criticado esta herramienta procesal, haciendo un intenso lobby para su reforma e idealmente su supresión, ha sido la derecha republicana y el empresariado. Es por ello que el presente libro ha generado controversia, ya que es un republicano quien ha salido en defensa (moderada, por cierto) de las acciones colectivas.
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Three issues of Law Nº 19,496 in a single case: the applicability to micro and small companies; the independence of infringement action from the compensation action and the expiration period of the legal warranty
This paper aims to exhibit three issues that have risen in Consumer Law as a result of the enforcement of Law Nº. 19,496 by our Courts of Justice. First, the enforcement of the protective statute by micro and small companies against their suppliers under the terms of Law No. 20,416. Second, the close dependency or autonomy between infringement liability and compensation, particularly under the hypotheses by which legal warranty operates. Lastly, the expiration period that characterizes the legal warranty as opposed to the general statute of limitations periods set forth in Article 26 of Law No. 19,496.
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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.