Explorando por Autor "Isler Soto, Erika"

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El consumo sustentable: un principio implícito en el sistema chileno de consumo
(Pontificia Universidad Católica del Perú, 2024-05-29) Isler Soto, Erika
The Chilean Consumer Protection Law does not mention sustainable consumption as an explicit principle. In this context, the objective of this work lies in investigating its possible validity as a general principle of consumer law in Chile. The research managed to prove the initial hypothesis that postulated the legal effectiveness of sustainable consumption as a general principle of consumer law. In fact, from the use of the dogmatic methodology, it was concluded that its validity can also be derived from a harmonious and systematic interpretation of the principles and rules that the Chilean legal system actually contains. Specifically, the normative effectiveness of sustainable consumption can be derived from two ways within the techniques of legal positivism. The first of them consists of a concretization of general principles, which, in the hypothesis presented, would correspond to pro natura and pro homine. Secondly, sustainable consumption as a general principle would be obtained from a generalization made from specific manifestations. The latter would be rooted in the consecration of basic consumer rights, the discipline of information and advertising, as well as the establishment of mechanisms to extend the durability of goods.
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Del favor debilis al favor consumatore: consideraciones históricas
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-05-27) Isler Soto, Erika
This paper refers to the historical evolution of the favor debilis principle from the Roman Law until our days. In this way, it begins with an examination of the favor libertatis principle and its incidence on the debtor’s responsibility, as well as the contractual interpretation in Ancient Rome. Subsequently, it refers to the incidence of Christianity in the moralization of the obligation. Then, the text refers to the persistence of the favor debilis under the modern model based on the conception of a free man that is able to protect its rights. Finally, its persistence in postmodernity is analyzed, which suggests changes in the law of obligations and contracts, which proposes also a new moralization of the contract, but sustained this time in the fundamental rights, as well as a renewed anthropocentric vision. Then, it refers to the bases of rules more favorable to the consumer and ends with the revision of the functions of the pro consumer principle: interpretation and conflict resolution mechanism of standards.
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El fragmentado reconocimiento de la terminación unilateral en los contratos de consumo en el Derecho de Consumo chileno
(Pontificia Universidad Católica del Perú, 2024-09-06) Isler Soto, Erika
The article analyzed the regulation of the unilateral termination of the contract in Chilean Consumer Law, reaching the conclusion that its treatment is fragmentary and inorganic. However, unilateral termination is regulated whether it is based on the law or based on the contract. In the first case, it is granted solely and imperatively to the consumer, as a weak subject of the consumer relationship, under the figures of retract and withdrawal. There are, however, important differences between one and the other, linked to the eventual validity of an expiration period, the way in which it operates and its scope of application. The unilateral withdrawal enshrined by the pact is considered illicit if it is established exclusively in favor of the entrepreneur and lawful if its beneficiary is the consumer. When the power is conferred on both parties of the consumer relationship, its legality will have to be judged according to whether or not it generates a significant imbalance for the parties and whether it complies with the standards of good faith.
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La inocuidad: principio informante y de adecuación de deberes preventivos y buenas prácticas en la atención remota y presencial del consumidor durante el contexto de la pandemia de COVID-19
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2020-11-26) Isler Soto, Erika
As the principle of safety is an informing guideline in the Consumer Protection Law, this text reviews its concretization in the rights, duties and good practices that take place with regard to consumer care in the context of the COVID-19 pandemic. With that objective, it begins with an approach to the pandemic and its main characteristics. Subsequently, the safety principle is explained in relation to three aspects: The consumer’s personal and patrimonial integrity, and its main characteristics; its scope in the Chilean consumer protection system; and the notion of vulnerable consumer as an adequacy criterion. This topic is then explained in a general way and with regard to remote and face-to-face market. In that sense, this study postulates that, in all these dimensions, the behavior of suppliers and consumers must be adjusted to the safety imperatives that prevent risk for the consumer and the rest of the country. That is derived from the character of public order that has the protection of the personal and patrimonial integrity of the consumer.