La prórroga de jurisdicción como cláusula abusiva en los contratos de tiempo compartido, en el derecho argentino
According to the present reality, we can say without doubts that the so called “time shared contracts” constitute the catalogue of contracts wich adhere to the general conditions or clauses predetermined by the supplier or entrepreneur respect to the consumers. These contracts, due to their struc...
Guardado en:
| Autores principales: | , |
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| Formato: | Artículo |
| Lenguaje: | Español |
| Publicado: |
Pontificia Universidad Javeriana. Facultad de Ciencias Jurídicas
2020
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| Materias: | |
| Acceso en línea: | http://repositorio.unne.edu.ar/handle/123456789/421 |
| Aporte de: |
| Sumario: | According to the present reality, we can say without doubts that the
so called “time shared contracts” constitute the catalogue of contracts
wich adhere to the general conditions or clauses predetermined by
the supplier or entrepreneur respect to the consumers. These contracts, due to their structure and the nature of their parts, have to be
considered as real consumption contracts, being regulated in most of
the world laws by specific rules aimed to the Consumer Protection.
This paper intends to base its central idea on the fact that in this kind
of contracts the control of the content of the predetermined conditions
must lead to the declaration of nullity of those conditions imposing
modifications of the natural territorial jurisdiction. These modifications must be conceived as abusive clauses since they imply a restriction to the consumer’s fundamental rights of “defense on trial and access to court” which have a constitutional hierarchy. All this idea is based on the regulation frame given by the Argentina private law. |
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