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STUDY ON PRESCRIPTION AND LAPSE IN THE RIGHT CONSUMPTION
This paper aims to analyze the statute of limitations and expiration in the LPDC. This is an analysis comparing both figures doctrinal and addresses major problems of extinction of the civil action, which comes from contract or tort, and its relation to the action infraction. This analysis makes a study of the relationship between the two actions, the civil and infraccionales-and legal statutes that govern it. -
UNFAIR COMPETITION BY FAULT
The article examines the unlawfulness in acts of unfair competition, pro- vided as a hypothesis of non-contractual civil liability in Law No. 20.169, which regulates unfair competition. Refuting an interpretation made by national scholars and courts, which states that such illicit requires proof of a fraudulent behavior, the article argues how the text of this law, the reliable history of its establishment, its systematic interpretation with others normative bodies (in particular, with the consumer protection that underlies as a legitimate interest expressly in this special law), the consideration of certain comparative experience and, even, a recent jurisprudence of the Supreme Court, allow to sustain in a well-founded manner that a conduct of unfair competition that infringes the ordinary diligence (slight fault) configures that illicit and gives rise to the exercise of the actions that this law establishes.