Comercialización de productos financieros complejos: Responsabilidad por omisión de los deberes conductuales derivados de la buena fe
The marketing of high-risk financial products is a controversial issue due to the significant economic outlay made by the purchaser. Their subscription and acquisition by means of adhesion contracts limit the possibility of the client's intervention in the contracting process. For this reason,...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8231360 |
| Source: | Revista Internacional de Doctrina y Jurisprudencia, ISSN 2255-1824, Nº. 26 (Diciembre), 2021, pags. 81-105 |
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| Summary: |
The marketing of high-risk financial products is a controversial issue due to the significant economic outlay made by the purchaser. Their subscription and acquisition by means of adhesion contracts limit the possibility of the client's intervention in the contracting process. For this reason, the legal system has had to find alternative ways to ensure that the customer's consent is correctly formed. When pre-contractual duties of conduct are breached due to a lack of diligence on the part of the debtor, the customer must be compensated. Traditionally this compensation was achieved by means of the exercise of an action for annulment due to error or vice, provided that the same was essential and excusable. In recent years, our Supreme Court has authorized an alternative route by means of compensation for damages under article 1101 of the CC. |
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