Sobre los términos y condiciones en la contratación electrónica a partir del desequilibrio en los derechos y obligaciones de las partes

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 you...

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Bibliographic Details
Main Authors: Reveco, Eduardo, Reveco, Ricardo
Format: Article
Language:Spanish
Published: 2021
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8327696
Source:Revista chilena de derecho privado, ISSN 0718-0233, Nº. 37, 2021, pags. 357-376
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Summary: 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.