Revisión y análisis de fallos de la superintendencia de industria y comercio sobre garantía de productos: consumidores protegidos o desamparados
This article is the result of a research project based on constitutional and legal theories, professional practices and, above all, on a holistic and investigative activity on consumer rights. The aim is to determine, through a review and its corresponding analysis, if the Superintendence of Industr...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8561761 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 19, Nº. 1, 2022, pags. 189-208 |
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| Summary: |
This article is the result of a research project based on constitutional and legal theories, professional practices and, above all, on a holistic and investigative activity on consumer rights. The aim is to determine, through a review and its corresponding analysis, if the Superintendence of Industry and Commerce (SIC) protects through its rulings the rights of consumers regarding the recognition of the guarantee of motor vehicles. Methodologically, inductive and analytical operations were carried out and a review of several cases starting from particular situations to reach a general conclusion on the protection of these rights. Results were found where in some cases the delegation of jurisdictional issues protects some and not so much in other cases, because in the light of the law, evidence should always prevail. It is concluded that the principle of pro-consumer In dubio should be taken into account by the SIC, where, in case of doubt, the consumer should always be favored due to the situation of imbalance and contractual disadvantage in which he finds himself with respect to a producer and/or supplier. |
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