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EL SUMINISTRO DE INFORMACIóN COMO TéCNICA DE PROTECCIóN DE LOS CONSUMIDORES: LOS DEBERES PRECONTRACTUALES DE INFORMACIóN

DOI: 10.4067/S0718-97532010000200002

Keywords: protection to consumers, information, pre-contractual relationship, consumer rights.

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Abstract:

in the national sphere as well as in the comparative, there is agreement regarding the need to legally protect the consumers as far as the suppliers. a different topic-but closely related - consists in determining how to protect the consumers. this work deals with this last question. we know there is a relationship close enough among the reasons that justify the protection to the consumers and the techniques resorted to achieve this. thus, a more acute perception towards why to protect the consumers should contribute to our comprehension of how to accomplish it. regarding the first question, i will indicate that the reason lies upon the inequality in the negotiating position that usually characterizes the situation of consumers as opposed to that of the supplier. said inequality is explained by the presence of informative asymmetries. one of the techniques most frequently used to level the disparity among suppliers and consumers is providing information to the consumers. this gives us an insight on how to protect them. for this purpose i will note that there are diverse forms to provide it and i shall focus my attention in those that are over the private sector to then examine the general rule of pre-contractual duties of information in law n° 19,496 about protection to the consumers.

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