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EL FRACASO DE UN SISTEMA: ANáLISIS EMPíRICO Y DOGMáTICO DEL CONTROL DE CLáUSULAS ABUSIVAS EN CONTRATOS POR ADHESIóN

DOI: 10.4067/S0718-09502007000200002

Keywords: contracts of adhesion, unfair terms, consumer.

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Abstract:

the existence of unfair terms is the major problem of contracts of adhesion, a preventive control system is in place in the chilean consumer protection law, and its practical application is the subject of analysis in this work. as a conclusion, the system is rendered as inefficient in protecting consumers, its presence being minimal in the relevant courts; in addition to this, there are several disperse rulings on the matter. in order to obtain the goal of protecting consumers, this work propounds a preventive control system by means of a commission of unfair terms of contract that would summon all the interested parties

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