Tres aspectos en las relaciones de consumo: la naturaleza del contrato de consumo; el consumidor como parte débil en la contratación y, la integración contractual de las declaraciones publicitarias
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Date
2011-06-03
Journal Title
Journal ISSN
Volume Title
Publisher
Corporación Universitaria Lasallista
Abstract
Abstract: The circumstances under which consumption contracts are developed forced a re-thinking of some of the dogmatic positions the classic conception contained about contracts and, therefore, the general contract’s theory. Within this development some topics have appeared as paradigmatic, such as those related to the nature of the contract with a consumer, the asymmetric power relationship in the contract and the relevance of the advertising information for the contract. Concerning the consumption contracts’ nature, a search for the elements that characterize the relationship established, with the intention to clearly define which the legislation applicable for it is, is in order. For the point about the contractors position in the relationship they establish, the national and foreign doctrines has been unanimous to say that the consumer is a structurally weaker part in the contract, because of a lack of information elements about the good or the service he/she wants to get and also because he/she does not participate in the discussion of the clauses that will, finally, discipline his/her contractual behavior. Finally, and as a mechanism to re-establish the contract’s balance, pre-contract duties about the information provided by publicity professionals and the contract integration theory for advertising declarations, aim to allow the consumer to give his/her consent after being appropriately informed and have a guarantee that the provider will accomplish the conditions announced in the markets by the publicity acts he/she made.
Description
Keywords
Grupo de investigación en derecho, Gride, Derecho, Contratación, Consumidor, Corporación Universitaria Lasallista, Contrato de consumo