El fracaso de un sistema análisis empírico y dogmático del control de cláusulas abusivas en contratos por adhesión

Abstract

The existence of unfair terms is the major problem of contracts of adhesion. A preventive control system is in place in the Chilean Consumer Protection Law, and its practical application is the subject of analysis in this work. As a conclusion, the system is rendered as inefficient in protecting consumers, its presence being minimal in the relevant courts; in addition to this, there are several disperse rulings on the matter. In order to obtain the goal of protecting consumers, this work propounds a preventive control system by means of a commission of unfair terms of contract that would summon all the interested parties.