Guide contracting between entrepreneurs and consumers (I)

guia consumidores y usuarios









Contracts between businesses and consumers are of a commercial nature (art. 2 the Commercial Code), but are subject to special protection regime for the past.

The application of the rules governing the consumers is mandatory, therefore applies even above what could have been pact.

Legal Regime

The LGDCU in his article 59 define el scope: Contracts made between consumers and businesses.

Its consumers people challenged the legal operating in a foreign area to your business or professional activity (art. 3 the LGDCU).

Its entrepreneurs any natural or legal person acting under his business or profession, both public and private (article 4 the LGDCU).

In matters not covered by the LGDCU or special laws that might be applicable, will be as provided in the Civil Code and Commercial Code. The protection scheme is LGDCU Minimum unavailable.

Also, if the contract between employer and consumer contains General Terms and Conditions, shall apply the law of General Conditions of Contract.

Any waiver of rights under the General Law for the Defence of Consumers and Users gives them, is null (art. 10 the LGDCU). An agreement contrary to the provisions of this Act be deemed made in fraud of law (art. 6 Civil Code) and therefore was invalid.

Basic Rights and Obligations

The consumer has the right to information: The employer must provide the relevant information, true and sufficient to contract in advance for signature (art. 60 LGDCU).

What is said in a bid, promotion or advertising is considered part of the contract (art. 61. LGDCU).

The employer is obliged to issue a receipt, copies the document required on contract (art. 63 LGDCU). If general conditions of contract used, these must be accepted and signed and must also submit a copy (art. 11.3 LOCM y art. 5 LCGC)

There is the possibility of hiring by phone or Internet without written signature, but must state that the consumer accepts all clauses (art. 80 LGDCU).

Contracts are integrated in the consumer under the principle of objective good faith, in the case of omission of some relevant information (art. 65 LGDCU).

You can not force the consumer to appear personally to make payments, the procedures similar charges (art. 66 LGDCU).

If the consumer has a close relationship with a Member State of the European Economic Area, irrespective of the law chosen by the parties to govern the contract, protection rules apply against unfair terms contained in Articles 82 a 91 LGDCU, the protection in distance contracts (art. 92 a 106 LGDCU) and guarantees (Arts. 114 a 126 LGDCU).

In upcoming posts we will continue with this short guide contracting between employers and consumers.

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