Consumer Rights: Understanding Consumer Classification
This document outlines the requirements for the proper classification of two men found in a consumer relationship.
Consumer or User:
- Word defined by the legislature.
- Legal and natural persons [1st requirement]. ? normal individual, however the trading company can act as such. To this must meet the requirements of the notion of consumers and the requirement to act as the final recipient. The final recipient logic points to an individual who purchases goods and services to satisfy private use, private or domestic.
- There are cases where legal persons are in a similar situation to individuals:
Examples: 1) Factory ? flour cake bought by the manufacturer. 2) I buy flour. 3) Chief Secretary ring purchase.
- Criteria: 1) It is an input, which facilitates and complements a business. 2) the final recipient. 3) Asymmetry of information.
Insumidor: individual who purchases goods and services with the aim of converting them for re-introducing them to the supply chain.
In conclusion, the commercial company is not excluded from being a consumer, provided that the transaction does not relate to conduct a commercial activity.
Onerous [2nd requirement]:
legal act whereby a party makes a payment in exchange for what he receives for such consideration. We require a payment. Anyway, there are some areas in the LPC in which guardianship is nevertheless not paid a price or rate (eg safety when entering a mall). This is because consumer protection is an expression of Human Rights in Economic Law.
Subjects in the classification of consumers can be:
- Subject acquirer.
- Subject to good use.
- Subject to enjoy the right.
In the case of a recipient: consumer (price – buy), user (rate – Contractual service). It is subject to final recipient that purchases goods or contracts for services for the satisfaction of private use, private or domestic.
Provider ? Elements of the definition:
Positive requirements contained in the law:
“Natural and legal person.
- Public or Private Law. ? The State may become a supplier ? Organs of State (metro, e de Chile).
- ? habitual exercise of an activity on a frequent basis, undertaken with a professional purpose.
- Activity ? The activities can be the production, manufacture, construction, importing, and marketing.
- ? onerous for which charge a price or fee.
- Marketing activity or agency.
Principles:
Top consumer relationship between professional supplier and final consumer.
Principle of specification (2 psi Art – Art 13 cc):
does the principle of Article 13 of the civil code: the businesses, issues or matters that have a special relationship this regulation applies particularly in such matters, therefore not apply the consumer protection law. It follows that if there is a body of law governing a particular subject it is applied in preference to the LPC Thus we have matters governed by special laws
Banking activity regulated by the Banking Act, having a watchdog that is the Superintendency of Banks and Financial Institutions.
Electricity distribution business DFL1 regulated by electricity, which review body is the Superintendency of Electricity.
– Note: requires a special regulation is contained in a standard legal status. This does not mean forever excluded from the LPC (Art. 2 A LPC). For if a law provides no special regulation certain situations, fall into the regulation of the LPC.
Top supplementarily:
captured in a letter to Art 2 of the LPC, explains the application of the LPC in areas in which certain aspects have not been covered by a special law. This principle is in addition to the specialty in terms of certain materials or activities that have not been regulated by special law, applied the LPC on a bed.
Requirements or conditions not required by provider definition:
No classification required by the supplier non-profit, defined as the willingness to distribute the profits that arise from an activity. Does not misinterpret the status of the provider that there is no profit.
Provider shall not be considered which have a professional degree and they operate independently. ? are required to be an academic profession, to be exercised individually.