"Sole article.-Introducense the following |! |" changes in the law No. 19.496, on protection of |! | (los Derechos de los Consumidores: 1) in article 1: to) No. 1 of the second paragraph, be replaced by the |! | Next: "1.-consumers or users: persons |! |" natural or legal entities which, by virtue of any act |! | legal consideration, they acquire, use, or enjoy, like |! | final recipients, goods or services. "."
(b) add the following second paragraph in # 2: "suppliers shall not be deemed persons |! |" with a professional degree and to exercise their activity in |! | independently. "."
(c) Agreganse in no. 3 of the second paragraph the |! | following paragraphs second, third and fourth new: "trying to be providers who receive goods in |! |" consignment for sale, they must add to the |! | basic commercial information relating history |! | to its financial situation, including States |! | financial when appropriate.
For the sale of goods and provision of services, are |! | consider basic business information, in addition to thing |! | having other rules, laws or regulations, the |! | identification of the good or service offered to the |! | consumer, as well as also the instructions of use and |! | the terms of the guarantee where they come. Is |! | They shall pursuant to this subsection the goods |! | offered in bulk.
Basic business information should be |! | provided to the public by means which ensure a |! | clear, speedy and timely access. With regard to the |! | instructional use of goods and services whose use |! | normal represents a risk to the integrity and |! | safety of persons, will be mandatory delivery |! | the consumer together with the goods and services to |! | you access. "."
(d) eliminated No. 4 of the second paragraph point |! | final (..) and replaced by a comma (,) by adding a |! | continuation of the word "service" the next |! | phrase: "understanding is incorporated in the contract the |! |" objective conditions contained in advertising until |! | the time of the agreement. They are conditions |! | those mentioned in article 28 objective. "."
(2) replace the article 2º, by the following: ' article 2.-are subject to the provisions of |! | " (esta ley: a) legal acts which, in accordance to thing |! | prescribed in the code of Commerce or other |! | legal provisions, the nature of commercial |! | for the company and civilians for the consumer;
(b) acts of marketing of graves or |! | graves;
(c) acts or contracts in which the supplier is |! | obliged to supply to the consumer or user application or |! | enjoyment of property by certain, continuous periods |! | or discontinued, no more than three months, whenever |! | them to be furnished and for purposes of rest or tourism;
(d) education of teaching contracts |! | Basic, medium, Technical University, and professional only |! | regarding paragraph 4 of title II; paragraphs |! | 1 St and 2 nd of title III; articles 18, 24, 26, 27 |! | and 39 C, and the faculty with respect of the users or |! | to appeal before the relevant courts, |! | in accordance with the procedures referred to in this law, |! | to make effective the rights that these paragraphs and |! | articles give them.
Will not be subject to this law the right to appeal |! | the courts of Justice for the quality of the |! | education or academic conditions fixed in |! | the internal regulations in effect at the time of entry |! | career or respective programme, which will not be able |! | be altered substantially, arbitrarily, without |! | prejudice to the obligations of surety to |! | the terms, conditions and modalities offered by |! | education institutions;
(e) contracts for the sale of houses made |! | by construction, real estate companies and by the |! | Services of housing and urban development, in which don't say |! | relationship with quality standards contained in the |! | (ley Nº 19.472, y f) acts entered into or executed on the occasion of |! | the procurement of services in the field of health, |! | with exclusion of health benefits; of the |! | matters relating to the quality of these and your |! | financing through funds or health insurance; de |! | the accreditation and certification of providers, be |! | These public or private, individual or |! | institutional and, in general, of any other |! | matter that is regulated in special laws. "."
(3) Insert, after article 2, the |! | next 2 bis, new article: "article 2 bis.-Notwithstanding provisions in the |! |" article above, the provisions of this law shall not be |! | applicable to the activities of production, manufacture, |! | import, distribution and |! | marketing of goods or services |! | (regulated by special laws, except: to) in the subjects that the latter do not provide;
(b) as regards the procedure in causes in |! | that is committed to the collective or diffuse interest of |! | consumers or users, and the right to request |! | (indemnización mediante dicho procedimiento, y c) with regard to the right of the consumer or |! | user to appeal individually, according to the |! | procedure referred to in this law, the Court |! | appropriate, in order to be compensated for all |! | prejudice caused in breach of a |! | obligation for providers, provided that no |! | There are procedures compensation in such laws |! | Special. "."
4) in article 3: a) replaced the letter to) with the following: "to) the free choice of the good or service. The |! | silence is not acceptance in acts of |! | consumption; "."
((b) replace the letter e) with the following.
"(e) the right to repair and compensation |! |" adequate and timely all damage and |! | morales in the event of any breach of the |! | obligations of the supplier and the duty of |! | operate according to media law passed him, |! | and".
(5) Agreganse, then of article 3, the |! | following articles 3 bis and 3 ter, new: "article 3 bis.-the consumer may terminate |! |" unilaterally to the contract within 10 days |! | counted from the receipt of the product, or from the |! | recruitment service and prior to the provision of the |! | (mismo, en los siguientes casos: a) in the purchase of goods and contracting of |! | made in meetings called services or |! | agreed with this objective by the supplier, in which |! | the consumer must express its acceptance within the |! | same day of the meeting.
The exercise of this right will be worth using |! | registered letter sent to the supplier, to the residence as |! | designates the contract, issued within the indicated term |! | in the in the heading;
(b) in a contract concluded by media |! | electronic, and those that will accept such a |! | offer made through catalogs, notices or |! | any other form of communication at a distance, to |! | less that the supplier has expressly ordered thing |! | contrary. For this purpose may use the same media |! | that he employed to conclude the contract. In this case, the |! | period for exercising the right of withdrawal shall |! | from the date of receipt of the goods or from the |! | conclusion of the contract in the case of services, |! | provided that the supplier has complied with the obligation |! | submit the designated written confirmation in the |! | Article 12 A. If not, the term will be extended to 90 |! | days. May not exercise is the right of withdrawal when |! | well, terms of the contract, has deteriorated by |! | done attributable to the consumer.
In those cases in which the price of the good or |! | service has been covered fully or partially with a |! | credit granted to the consumer by the supplier or by a |! | third agreement between this and the supplier, the |! | withdrawal will resolve such credit. If you have |! | costs involved, these will be in charge of the |! | consumer, when the credit has been granted by a |! | third party.
If the consumer exercise the right enshrined in |! | This article, the supplier shall be obliged to repay |! | the sums paid without expenses, to the greater retention |! | as soon as possible and, in any case, before forty |! | and five days from the communication of withdrawal.
As regards services, the return will only understand |! | those paid sums that do not correspond to services |! | already provided to the consumer at the date of the withdrawal.
Items must be returned in good condition |! | original of packing, such as tags, |! | certificates of guarantee, user manuals, boxes, |! | elements of protection or their respective value, |! | previously informed.
Article 3 ter.-in the case of performance of |! | top-level educational services, |! | provided by technical training centers, |! | professional institutes and universities, are empowered to the |! | student or who paid on your behalf |! | so that, within a period of ten days from |! | one in which the first publication is complete for the |! | results of applications for universities |! | belonging to the Council of Rectors of the |! | Chilean universities, leave without effect the contract with |! | the respective institution, without any payment by the |! | educational services not rendered.
To make effective the withdrawal referred |! | This article, is required to be a first year student of |! | a career or program of undergraduate and prove, before the |! | institution for which this power is exercised |! | be enrolled in another education entity |! | upper.
In any case the educational institution may |! | retain this withdrawal after moneys |! | paid or documents of payment or credit granted in |! | supported by the respective educational period, Dante |! | return them all in within 10 days since you |! | exercising the right to withdrawal. In the event of having |! | given general mandate to make future payments, this |! | It shall be revoked by the only Ministry of law from |! | the date of the effective waiver of the student service |! | educational. The service provider shall abstain from |! | negotiate or endorse the documents received, before the |! | period referred to in subsection first.
Notwithstanding the provisions of the preceding paragraph, the |! | institution of higher education shall be empowered to |! | retain, for the concept of management costs, a |! | amount of the tuition, which may not exceed one per |! | % of annual fee program or career. "."
(6) replace the article 5th, by the following: "article 5.-refers to Association of |! |" Consumers the organization constituted by people |! | natural or legal, independent of all interest |! | economic, commercial or political, aiming |! | protect, inform and educate consumers and assume |! | the representation and defence of the rights of its |! | affiliates and consumers who request it, |! | all this regardless of any other interest. "."
(7) replace article 6 th, by the following: "article 6.-consumer associations are |! |" they are governed by the provisions of this law, and in the not |! | laid down on it by Decree Law No. 2.757 of 1979, |! | the Ministry of work. "."
(8) replace article 7 th, by the following: ' article 7.-in addition to the grounds for dissolution |! | " referred to in article 18 of Decree Law No. 2.757 of |! | 1979, consumer organisations can be |! | dissolved by judicial sentence or disposition of the |! | law, despite the will of its members.
In the event that the judge, within the period of three |! | years, declare two or more class actions reckless |! | filed by an Association of consumers, |! | It may, at the request of a party, in severe cases and |! | qualified, decreeing the dissolution of the Association, |! | founded ruling.
The directors of consumer associations |! | dissolved by judicial sentence shall be disabled |! | to take part, as such, other |! | associations of consumers, during the two |! | years. "."
((9) in article 8: to) replace, at the end of point (c)), the |! | conjunction "and" and the comma (,) that precedes it, by a |! | semicolon (;).
((b) replace, in the letter d), the separate dot (.) |! | by the conjunction "and", preceded by a comma (,).
(((c) Agreganse the following letters e) and f), new "e) represent the individual interest, both as |! |" the collective and diffuse interests of consumers before |! | the judicial or administrative authorities |! | through the exercise of the actions and resources that |! | proceed;
f) participating in the process of fixing of |! | rates of the basic utilities, according to |! | the laws and regulations governing them. "."
10) in article 9: to) replace your letter to), with the following: "a) develop profitable activities, with |! |" exception of those necessary for financing |! | or recovery of costs in the development and implementation |! | of activities that they own; "."
(b) replace your final paragraph by the following: "the serious and repeated infringement of the rules |! |" contained in the present article shall be punished with |! | the cancellation of the legal personality of the |! | Organization, Court of law, at the request of |! | any person, without prejudice of the |! | criminal or civil liabilities incurred |! | those who commit them. "."
(11) add the following paragraph third, new, in |! | Article 11: "Directors will respond personal and |! |" jointly and severally liable for fines and penalties that are |! | apply to the Association for qualified performances by |! | the judge as reckless, when these have been |! | executed without prior agreement of the Assembly. "."
(12) merge, then article 11, |! | the following article 11A, new: "article 11 bis.-create a sinking fund, |! |" intended for the financing of initiatives which the |! | Consumer associations established according to thing |! | provisions of this law to develop in the |! | achieve its targets, with the exception of the |! | (actividades a que se refieren las letras d) and e) of the |! | Article 8.
The Fund consists of contributions to |! | each year in the budget of the service contemplated |! | National consumer and by donations to |! | made to this effect organizations of |! | national or international non-profit.
A regulation will establish the Constitution and |! | composition of the Council of administration of the Fund, |! | preserving the autonomy of associations of |! | Consumers and the management of the Fund. "."
(13) added, after article 12 the |! | following article 12 A new: "article 12-in contracts by |! |" means electronic, and in those in which it will accept |! | an offer made through catalogs, notices or |! | any other form of communication at a distance, the |! | consent shall not be formed if the consumer |! | not have accessed previously a clear, understandable and |! | unequivocal of terms thereof and the |! | possibility to store them or print them.
The single-visit the Web site which are |! | offers access to certain services, it does not impose to the |! | consumer any obligation, unless he has accepted |! | unequivocally the conditions offered by the |! | supplier.
Once perfected the contract, the supplier |! | you will be required to send written confirmation of the same.
This can be sent electronically or by |! | any means of communication that will ensure due |! | and timely knowledge of the consumer, which is le |! | He indicated previously. Such confirmation shall contain |! | a full, clear and legible copy of the contract. "."
(14) in article 14, replaced in its subsection |! | first the sentence that follows the followed period (.), |! | replacing this point with a comma (,), by thing |! | Next: "until it decides the purchase transaction. |! |" Will be enough proof using in own |! | articles, in their wrappers, notices or posters |! | visible on their premises to the public the |! | expressions "second selection", "made with materials |! |" "used"or other equivalents."."
(15) in article 16.-to) replace, in the first paragraph, at the end of |! | (la letra e), the conjunction "and" and the comma (,) to the |! | above by a semicolon (;).
(b) replace, in paragraph first, in the letter |! | (f), the dot (.) aside from the expression "and" preceded |! | of a comma (,).
(c) is in the paragraph first add the following letter |! | (g), new: "g) against the requirements of good faith, |! |" According to these effects to objective parameters, |! | cause to the detriment of the consumer, an imbalance |! | important rights and obligations for the |! | parts derived from the contract. To do so it will serve to |! | the purpose of the contract and provisions |! | Special or General governing it. It is presumed that |! | These clauses are adjusted to requirements of |! | good faith, if the contracts to which they belong have been |! | reviewed and approved by an administrative body in |! | execution of their legal powers. "."
(d) add the following final paragraph: "every contract of adhesion that is designated a |! |" referee, will be required to include a clause that |! | inform the consumer of their right to challenge it, |! | in accordance with the preceding paragraph. What |! | is understood without prejudice to the right that has the |! | consumer always recourse to the Court |! | competent. "."
(16) Agreganse, then of article 16, the |! | following items 16 A and 16 B, new: "article 16 A. declared the nullity of one or |! |" several clauses or provisions of a contract of |! | accession, by application of any rules of the |! | Article 16, this shall continue with the remaining |! | clauses, except by the very nature of the |! | contract, or attended the original intention of the |! | Contracting, this is not possible. In the latter |! | case, the judge shall declare void, in its entirety, the |! | Act or contract that bears the statement.
Article 16 B. The procedure to be subjected |! | the processing of the actions to obtain the |! | Declaration of invalidity of clauses contained in |! | adhesion contracts, will be referred to in the title |! | IV of this Act. "."
(17) Reemplazanse, in the first paragraph of the article |! | 17, the words "in legible way", with the phrase "de |! |" clearly readable mode, with a font size no |! | less than 2.5 millimetres".
(18) in article 21-a) Intercalanse following paragraphs second, |! | new third and fourth: "the consumer who, in the exercise of the rights |! |" It includes article 20, opt for repair, |! | You can contact, indistinct or jointly, to the |! | seller, the manufacturer or the importer. Made the |! | option, the required may not derive the claim.
They shall be jointly and severally responsible for the |! | damages to the consumer, the provider to |! | It has marketed good or product and the importer |! | that it has sold or supplied.
Should Consumer request repair |! | only to the seller, it shall enjoy the right of |! | compensation referred to in article 22. "."
"(b) Insert, in the seventh paragraph, the expression |! |" or ballot"between the words"invoice"and"for sale".
(c) replace the final paragraph by the following: "to perform these actions, the consumer must |! |" prove the Act or contract with documentation |! | respective, except in cases in which the supplier tribute |! | under the regime of presumptive income, in which the Act |! | or contract may be accredited by all the |! | means of proof which are conducive. "."
((19) in the article 24.-to) replace the second paragraph by the following: "disseminated false or misleading advertising by |! |" social media, in relation to any |! | listed in article 28, will do |! | incurring a fine of up to 750 units the offender |! | tax monthly. In the event that affects in the |! | qualities of products or services that affect health |! | or the security of the population or the environment, shall |! | the offending advertiser incurring a fine of up to |! | 1,000 monthly tax units. "."
(b) replace the last paragraph with the following: "for the implementation of the above-mentioned fines in |! |" This Act, the Court shall especially take into account the |! | amount of disputed, the degree of negligence that |! | incurred by the offender, the gravity of the damage |! | caused, the risk that was exposed the victim or the |! | community and the economic situation of the offender. "."
(20) Agreganse, then of article 28, the |! | following articles 28 A and 28 B, new: "article 28 a. Likewise, guilty of offence to the |! |" This law which, through any type of |! | advertising message, causes confusion in the |! | consumers with regard to the identity of companies, |! | activities, products, names, trade marks or other signs |! | distinctive of the competitors.
Article 28 B-all communication promotional or |! | advertising sent by e-mail should be |! | indicate matter or matter on the versa, the |! | identity of the sender and contain a valid address |! | to which the recipient may request suspension |! | shipments, that shall be prohibited since then.
Providers that address communications |! | promotional or advertising to consumers by |! | means of postal mail, fax, calls or services of |! | Messaging phone, should indicate a form |! | expeditiously on that recipients may request the |! | suspension of them. Absent this, the shipping of |! | new communications shall be prohibited. "."
((21) in the article 32.-to) add the expression "in tender |! |" legal", then the sentence" in terms |! | " comprehensible and legible".
(b) add the following new second subsection: "in the case of contracts offered by media |! |" electronic or those that will accept such an offer |! | through catalogs, notices or any other |! | form of communication at a distance, the supplier shall |! | reporting, clear and easily accessible, |! | the steps that should be followed to celebrate them, e |! | It shall, where appropriate, if the document |! | electronic in that formalize the contract will be |! | filed and if it will be accessible to the consumer.
Shall indicate, in addition, your postal mailing address or |! | electronic and technical means available |! | consumer to identify and correct errors in the |! | shipping or in your data. "."
(22) in article 35, then insert |! | in its first paragraph the following new second subsection, |! | passing the current subsection second to be third paragraph: "this obligation shall not fulfilled by the |! |" just because of conditions in the trade have been deposited |! | of a notary. "."
((23) article 37: to) add, at the end of the letter a), the phrase |! | follows: ", which is expressed in the same size or |! |" more information regarding the amount of fees |! | a referred to in point (d)); "."
(((b) Reemplazanse the letters b) and (c)), by the |! | following: "b) the rate of interest that applies on the |! |" corresponding price balances, which should be |! | registered in the ballot or receipt of each |! | transaction;
c) the amount of the following amounts, different to |! | interest rate: 1. taxes corresponding to the respective |! | credit operation.
2. notary expenses.
3 expenses inherent to the goods received in |! | warranty.
4 insurance expressly accepted by the |! | consumer.
5. any other amount allowed by law; "."
(c) remove the conjunction "and" written at the end of |! | (la letra d) and replace the comma (,) that precedes it by |! | a semicolon (;).
((d) Insert the following letter e), new: "e) the total amount to be paid by the consumer in |! |" each alternative credit, said amount corresponding |! | "the sum of fees to be paid, and".
((e) replace the letter e), who happens to be letter |! | (f) with the following: "f) moratorium interest rate in case of |! |" non-compliance and the system of calculation of costs that |! | generate the pre-judicial credits |! | defaults, including fees that apply, and |! | the modalities and procedures for the collection. "."
"(24) in the article 41.-to) replace, in the second subparagraph, the phrase |! |" ten working days"by"thirty days".
(b) replace your third paragraph by the following: "for the exercise of the rights referred to in |! |" This paragraph, must be provisions in the |! | final paragraph of article 21 of this law. "."
(25) in article 45.-to) add, in your first paragraph, after the |! | word "annexes" the phrase "in the Spanish language".
"(b) replace, in the third paragraph, word |! |" two hundred"by"750".
(26) replace the title IV with the following: "title IV of the proceedings to which the application results of |! |" This law and the procedure for the defence of the interest |! | collective or diffuse paragraph 1º standards general article 50-the actions that they are derived from this law, |! | shall be exercised against acts or behaviors that affect the |! | exercise of any right of the |! | consumers.
Failure to comply with the standards contained in the |! | This law will lead to the intended actions to |! | punishing the supplier incurred in violation, cancel |! | unfair terms in contracts of |! | membership, obtain the performance of an obligation |! | breached, bring an end to the act affecting the exercise |! | the rights of consumers, to obtain the proper |! | pay compensation or repair than |! | appropriate.
The exercise of the actions can be performed to |! | title individual or collective interest or |! | diffuse consumers.
Individual interest are actions that are |! | promoted exclusively in defence of the rights of the |! | affected consumer.
They are of collective interest activities which are |! | They promote rights common to a set |! | determined or determinable consumers, linked with |! | a provider by a contractual relationship.
Diffuse interest are actions that are |! | They promote in defense of an indeterminate set of |! | consumers affected in its rights.
For the purposes of determining compensation |! | or repairs that proceed, in accordance with rules |! | referred to in paragraph 2 of this title, shall be |! | necessary to prove the damage and the contractual link to |! | League to the offender and to affected consumers.
Article 50 a. judges of local police |! | you will know all the actions arising from this law, |! | being competent that corresponds to the commune in |! | that would have held the respective contract, be |! | any committed violation or given home to your |! | execution, at the choice of the actor.
In the case of contracts concluded by media |! | electronic, in that it's not possible to determine thing |! | mentioned in the preceding paragraph, shall be competent judge |! | that of the commune in which the consumer resides.
The provisions of the first subparagraph shall not apply to the |! | (acciones mencionadas en la letra b) of the article 2 bis, |! | emanating of this law or of special laws, including |! | the actions of collective or diffuse interest derived from |! | articles 16, 16A and 16 B of this law, in which |! | will be competent the ordinary courts of Justice, |! | According to the General rules.
Article 50 B-procedures established in |! | This law may be initiated by demand, denounce or |! | complaint, as appropriate. In matters not provided for in the |! | This paragraph, shall apply the provisions of the law No. |! | 18.287 and, in subsidy, the rules of the code of |! | Civil procedure.
Article 50 C-denunciation, complaint or demand |! | they must be submitted in writing and will not require |! | sponsored by Attorney enabled. The parties may |! | appear personally, without the intervention of counsel, |! | except in the case of the procedure referred to in the |! | Paragraph 2 of this title.
During his hearing, the parties may make all |! | the procedural efforts to accredit the |! | infringement and to test his right, including the |! | presentation, review and blemish of witnesses, whose list |! | It may be presented in the same conciliation hearing, |! | reply and test.
The intended effects of this law assumes that |! | represents the supplier, and that such thing |! | forces, the person who habitually exercises functions of |! | direction or management account or representation |! | the company referred to in article 50 D.
Article 50 D-if the respondent was a person |! | legal, the demand shall be notified to the representative |! | legal this or to the head of the local where they bought |! | the product or service was provided. It shall be duty of |! | all vendors displayed in a visible place of the |! | local full individualization of whom meets the |! | Head of the local function, indicating at least the |! | full name and your address.
Article 50 E-when the denunciation, complaint or |! | demand interposed plausible basis, lacks the |! | judge, in ruling and request of a party, may be |! | declare it as reckless. Made such a declaration, |! | those responsible will be punished in the way that |! | says article 24 of this law, except in the case of |! | actions initiated in accordance to what n |! | Article 51 1. In the latter case, the fine may be |! | climb up to 200 monthly tax units, |! | can the judge, also punish the lawyer, as |! | disciplinary powers contained in the |! | articles 530 et seq. of the organic code of |! | Courts.
In the foregoing paragraph shall be without |! | subject to the criminal and civil responsibilities |! | solidarity of perpetrators for damages which have |! | produced.
Article 50 F-if during a procedure the judge |! | take knowledge of the existence of goods |! | likely to cause damage, their custody will order in the |! | Court, if it considers it necessary. If this |! | was not feasible, attended its nature and |! | characteristics, the judge shall order that expertise |! | allow accredited status, the quality and fitness of |! | cause damage or any other relevant elements of the |! | goods or products and will have measures that were |! | necessary for the safety of persons or the |! | goods.
Article 50 G-the causes the amount of agreement |! | to the amount requested, not to exceed ten units |! | tax monthly, will be processed in accordance with the |! | standards of this paragraph, as a unique procedure |! | instance, so all resolutions which are |! | handed down it will be final.
In the causes that support according to this |! | single instance procedure, the fine imposed by |! | the judge may not exceed the amount of the awarded by the |! | final judgment.
Paragraph 2 of the special procedure for protection of the |! | Collective interest or diffuse of the consumer article 51.-the procedure designated in this |! | Shall apply where the interest is affected |! | collective or diffuse consumers. Eastern |! | procedure shall be subject to the procedural rules |! | summary, with the exception of articles 681, 684 and 685 |! | of the code of Civil procedure and with the |! | particulars referred to in this law.
All the tests that need to surrender, they will appreciate |! | in accordance with the rules of sound criticism.
1.-will start by a lawsuit filed by: a) the national consumer service;
b) an Association of consumers constituted, to thing |! | less six months prior to the presentation |! | the action, with the proper authorization of |! | (su asamblea para hacer_lo, o c) a group of consumers affected in a same |! | interest, in number no less than 50 people, |! | properly tailored.
The Court ordered the notification to the respondent |! | and for the purposes as provided in no. 9, to the |! | National consumer service, when this would not have |! | the procedure has begun.
2. without prejudice to the General requirements of the |! | demand, with respect to requests relating to |! | damages, just point out the damage suffered and request |! | the compensation that the judge determines, in accordance with the |! | merit of the process, which must be the same for |! | all consumers who are in the same |! | situation. To this end, the judge shall agree a |! | the provisions of article 53 A. Compensation |! | determined in this proceeding, cannot |! | extended to the moral damage suffered by the actor. There will be no |! | place the reserve provided for in the second paragraph of the |! | Article 173 of the code of Civil procedure.
3 started trial pointed out, any |! | legitimate consumer or asset that is considered affected |! | You may take part in the trial.
4. in the case of the national service of the |! | Consumer or a consumer association, the part |! | plaintiff is not required to prove the representation of |! | certain consumers of the group in whose interest |! | acts.
5. the plaintiff that is part in a procedure |! | the covered in this paragraph, may not, |! | While the procedure is still pending, |! | deduct well-founded demands of individual interest in the |! | facts are the same.
6. the presentation of the demand will produce the |! | effect of interrupting the prescription of actions |! | compensation corresponding to consumers |! | affected. With respect to persons who reservaren their |! | rights under article 54 the computation of the new C |! | prescription period shall run from the sentence it |! | It is firm and enforceable.
7. in the event that the judge deems that the |! | performances of the lawyers hamper the regular March |! | judgment, ask the legitimate assets which are |! | part in it who appoint a common Attorney among its |! | respective lawyers, within the period of ten days. In |! | grant, this shall be appointed by the judge from among the |! | same lawyers.
The powers and actions of the common solicitor, |! | as well as the rights of the parties represented by the |! | and the corresponding to the Court, shall be governed by thing |! | provisions of title II of book I of the code de |! | Civil procedure. However, that resolution to the |! | effect rendered the Court in accordance with article 12 of the |! | Code of Civil procedure, shall be notified by notices, |! | in the form determined by the Court. These notices |! | They shall be drawn up by the Secretary.
Notwithstanding the above, the judge may provide a |! | different form of notification in cases where |! | the number of affected allow to ensure the knowledge |! | of each and every one of them by other means.
The judge will prudently regulate the fees of the |! | common Attorney, prior proposal, whereas |! | the economic faculties of the plaintiffs and the |! | amount of the judgment.
For the purposes of the provisions of subsection |! | earlier, the judge set fees in the statement |! | short o well once defined members of the |! | group or subgroup.
The judge, ex officio or upon request of a party and by |! | resolution established, may revoke the order of the Court, |! | When the representation of the collective or diffuse interest |! | is not adequate to effectively protect the |! | interests of consumers or when there is another |! | reason justifying the revocation.
8. all appeals to be awarded this |! | procedure to add how extraordinary to the |! | chart of the day following the entry of cars to the |! | respective Court of appeals, with the exception of thing |! | designated in article 53 C, case in which the cause is |! | will be included in the subsequent week table at the de |! | He joined the Court.
9. the action whose admissibility is |! | pending, will be accumulated according to rules |! | generals. For these purposes, the national service of the |! | Consumer will notify the judge finding is |! | pending the Declaration of admissibility of another |! | demand for the same facts.
Article 52.-the Court shall |! | declare the admissibility of the deduction action for |! | Interim collective or diffuse interest of the |! | consumer, verifying this concurrence of |! | (los siguientes elementos: a) that action has been taken by one of the |! | eligible assets individualized in article 51.
(b) that the conduct which affects the |! | collective or diffuse interests of consumers in the |! | terms laid down in article 50.
(c) requiring the deduction action issues |! | in fact affecting collective or diffuse interest of |! | consumers and the rights affected.
(d) that the potential number of affected justify, |! | in terms of costs and benefits, the need |! | procedural or economic submit their processing to the |! | special procedure of this paragraph so its |! | rights are effectively cautelados. Whatever |! | refers to the number of people affected, this |! | circumstances not concur if each and every one of |! | the following conditions with respect to the case: the process |! | manufacturing, by its nature, contemplates a |! | percentage of faults within the standards of the |! | industry; the suppliers try to keep procedures |! | quality in the care of complaints, repair and |! | refund in case of defective products, |! | no cost to the consumer, and failures or defects not |! | they represent a risk to health.
The respondent shall have a period of ten days |! | to expose what it considers from relative |! | the conditions of admissibility of the action. If the judge |! | considers that there are substantial, relevant facts and |! | controversial, will get to test the admissibility. The |! | test shall be governed by the rules of the incidents. The |! | judge shall decide on the admissibility of the action |! | within five days following the day on which are |! | make the presentation of the respondent or within the |! | five days following the expiration of the period for |! | make this presentation and this is not any |! | effected, or within five days to the |! | expiration of the probationary term, where applicable.
The resolution which is pronounced on the |! | admissibility of the action shall be final in both |! | effects.
Once the resolution is enforceable |! | that it declared admissible the action, it shall certify this |! | circumstances in the record. If it is declared |! | inadmissible, the respective action only shall deducted |! | individually before the competent court, de |! | According to what the letter c) of the article 2 bis.
Notwithstanding the provisions in the preceding subparagraphs, |! | If new circumstances justifying the |! | review of the declared inadmissible, any |! | legitimate asset can begin before the same court |! | a new action.
Article 53.-Once rendered resolution |! | declared admissible the action, the Court will order to the |! | plaintiff, within tenth day, using |! | publication of at least two warnings in a middle of |! | national circulation, inform consumers that are |! | consider affected, to make part, if thing |! | They estimate from.
The clerk of the Court shall fix the |! | content of the notice, which shall contain, at least, the |! | (siguientes menciones: a) the Court that, in the first instance, issued the |! | certification of eligibility;
(b) the date of the certification;
(c) the name, tax unique role and profession u |! | Office and address of the representative of the Group;
(d) the name, tax unique role and profession u |! | trade and address for service of the person against which are |! | applies for collective action;
(e) a brief statement of facts and requests |! | (concretas sometidas a consideración deel tribunal, y f) the call to those affected by the same facts |! | to take part in the trial, expressing that the |! | results of the trial empecerán also those |! | affected part in it will not do.
Since the publication of the notice concerning the |! | paragraph second, no person may initiate another |! | judgment against the defendant founded therein |! | facts, without prejudice as provided in subsection |! | following and the provisions in article 54 C with respect |! | reserve of rights.
Within a period of 30 days from the |! | publication of the notice referred to in subsection |! | earlier, any consumer can occur before the |! | Court making reservation of their actions, in which case |! | the results of the trial will not be opposable.
Those lawsuits that are pending |! | against the same provider at the time published the |! | notice and that is based on the same facts, shall |! | accumulate in accordance with the provisions of the code of |! | Civil procedure, with the following rules |! | (especiales: 1) will accrue to the collective trial judgements |! | individual. If one or more of the parties any |! | appeared personally to individual judgment, shall |! | designate sponsoring Attorney produced once the |! | (acumulación, y 2) not proceed to build the collective judgment |! | individual that has summoned the parties to hear |! | judgment.
Article 53 A.-during the trial and to the |! | enactment of the final judgement, the judge |! | You can order, according to the characteristics that them |! | they are common, the formation of groups and, if is |! | It has subgroups, for the purposes of thing |! | (referred to in letters c) and (d)) of article 53 C. The |! | judge may also order the formation of so many |! | sub-groups as it deems appropriate.
Article 53 B.-the judge may call reconciliation |! | many times it deems necessary during the process.
For its part, the respondent may make offers |! | compromise, which shall be public.
All compromise, conciliation or transaction should be |! | be subject to approval by the judge, who can |! | reject them if it considers them to be contrary to law or |! | arbitrarily discriminatory.
In the event of the withdrawal of the legitimate asset, the |! | Court shall transfer to the national service of the |! | Consumer, who may be part of the trial inside |! | fifth day. This resolution shall be notified of |! | According to article 48 of the code of procedure |! | Civil. same procedure will be done in case the |! | legitimate active lose the quality of such.
Article 53 C-in the sentence that welcome the |! | demand, the judge, in addition to the provisions of the article |! | (170 deel Código de Procedimiento Civil, deberá: a) declare the way that such facts have |! | affected the collective or diffuse interest of the |! | consumers.
b) declaring the responsibility of the |! | suppliers sued in the facts alleged and the |! | application of the fine or penalty that was coming.
(c) declare the origin of the corresponding |! | compensation or repairs and the amount of the |! | compensation or repair in favor of the group or |! | each of the subgroups, where appropriate.
d) have the refund paid in excess and |! | the way that will be effective in case of |! | proceedings initiated under an abuse charge |! | certain sums of money. In the case of products |! | defective, restitution of the value will be available from |! | those at the time of the payment.
(e) the publication of the notices have to be |! | regarding the third paragraph of article 54, charged to the |! | or offenders.
In any case, the judge may order that some or |! | all compensation, repairs or returns |! | that proceeding with respect to a group or subgroup, are |! | carried out by the defendant without need of the |! | attendance of stakeholders established in the |! | Article 54 C, when the judge determines that the provider |! | account with the necessary information for |! | identify them and proceed to them.
The final verdict will be the resource of |! | appeal, in both effects.
Article 54.-The judgment enforceable declaring |! | the liability of the defendants will effect |! | erga omnes, with the exception of those processes that do not |! | subsection (hayan podido acumular_se conforme ael número 2) |! | end of article 53, and cases in which it takes place |! | the reservation of rights that admits the same article.
The sentence will be given to which all |! | those who have been harmed by the same |! | facts may claim the payment of compensation or |! | the fulfillment of the repaired and you.
This will be done by listings, at least in |! | two different opportunities, in local newspapers, |! | regional or national for the judge to determine, with a |! | not less than three nor more than five days interval |! | among them.
Notwithstanding the above, the judge may provide a |! | differently to disclose referred information |! | in the first subparagraph, in those cases in which the number |! | affected allow to ensure the knowledge of all and |! | each of them by other means.
If rejected the demand of any legitimated |! | asset may be brought, within the period of |! | prescription of the action, the same court and |! | using the new circumstances, a new action, |! | understanding suspended the prescription in his favor by |! | the term that lasted the collective judgment. The tribunal |! | find face new circumstances declare |! | together with the admissibility of the action statement |! | provided for in article 52.
Article 54 A-will be up to the Secretary of the |! | Court set the content of notices, seeking |! | its text is clear and understandable for the |! | interested. These notices shall contain, at least, the |! | (siguientes menciones: a) the role of the cause, the Court which issued it, the |! | date of the decision and the name, profession or trade and |! | domicile of the offenders and their representatives. |!| It shall be presumed that it retains this quality and his home the |! | person who appeared as such in such process;
(b) the facts that originated the responsibility of the |! | or offenders and the way in which they affected the |! | rights of consumers;
(c) the identification of the group, whether it is |! | divided into subgroups and form and time in which the |! | interested parties should make effective their rights;
(d) institutions where those affected can |! | information and orientation, such as the |! | Service national consumer offices |! | municipal information to the consumer and the |! | Consumer associations, among others.
Article 54 B-stakeholders may appear |! | the judgment to exercise their rights, with the sponsorship of |! | Attorney or in person.
Without prejudice to the provisions of subsection |! | earlier, having been appointed joint solicitor, the |! | interested parties will act through him, according to the |! | General rules. Otherwise, proceed to |! | appoint him to represent those interested |! | which had appeared personally, once expired |! | within ninety days laid down in article 54 |! | C. section 54 C-interested parties must submit |! | to exercise their rights laid down in the judgment, |! | before the Court in that judgment, is transacted |! | within the period of ninety days corridos, counted |! | Since the last announcement.
Within the same period, interested parties may |! | make reservation of their rights, to pursue the |! | civil liability for infringement in a |! | trial different, without its being possible to discuss the |! | existence of the already declared infringement. This |! | presentation must be sponsored by Attorney. In |! | This trial, the judgment in accordance with article |! | 53 c will produce full evidence with respect to the existence of |! | infringement and the right of the plaintiff to the |! | compensation of damages, limiting the new trial |! | the determination of the amount thereof.
Who exercise their rights in accordance with subsection |! | first of this article, shall not be entitled to initiate |! | other action based on the same facts. Similarly, |! | who do not carry out the reservation of rights to be |! | the previous paragraph refers, does not have the right to initiate |! | other action based on the same facts.
Article 54 D-presentation that made the |! | interested in the trial, exercising their rights |! | in accordance with the first paragraph of the preceding article, is |! | limited only to present and prove its |! | as a member of the group.
Article 54 E-due within ninety days |! | laid down in article 54 C, and appointed the |! | common Attorney, if applicable, will be moving to the |! | respondent's submissions of all the |! | interested, only that within the ten day period |! | corridos challenge the quality of Member of the Group of |! | one or more of them. The resolution that confers the |! | transfer shall be notified by the State newspaper. This term |! | It may be extended only once, at the request of part and |! | by resolution established, if the judge considers it |! | necessary.
If the judge considers that there are substantial facts, |! | relevant and controversial, will open a term of |! | test, which will be governed by the rules of incidents. Against the resolution which fails the incident |! | shall the appeal, with appeal in |! | subsidy.
Once failed the incident promoted according to |! | This article will be irrevocably fixed amount |! | global compensation or reparations than |! | the respondent must satisfy.
Article 54 F.-the respondent must be the |! | repairs or enter in the account entirely |! | power of the Court the amount of the compensation, |! | within a period of thirty calendar days, counted |! | from that in which the incident has failed |! | promoted under article 54 E.
When the overall amount of compensation can |! | produce, in the opinion of the Court, a detriment |! | Heritage significant on the defendant, in such way |! | that could be estimated close to insolvency, the judge |! | It can establish a monthly repayment schedule of |! | complete compensation for each plaintiff, |! | reset, with current interest, according to its date of |! | payment.
However, in the case of the preceding paragraph, the |! | judge may determine a form of compliance |! | alternative payment.
To authorize the payment of compensation in |! | any of the forms mentioned in subparagraphs |! | precedents, the judge may, depending on the situation |! | economic of the respondent, to require a bond or other form |! | surety.
The resolutions issued by the judge in accordance to |! | This article shall not be subject to appeal.
Article 54 G.-If the judgment is not accomplished by |! | the respondent, the execution shall be carried out, through the |! | common Attorney, in a single procedure, by the |! | global amount referred to in the final paragraph of the |! | Article 54 E, or by the total outstanding amount. Payment |! | corresponding do this procedure to each |! | consumer shall be made in proportion to their respective |! | Rights declared in the final statement.
((27) in article 58.-to) add in the second subparagraph, point (c)), then |! | the word "market", passing the point aside, to be |! | followed, the following sentence: "in the exercise of this power, cannot |! |" violating provisions of the Decree Law Nº 211, |! | in 1973, which lays down rules on the protection of the free |! | competition. "."
(b) replace the second paragraph, at the end of the |! | (letra d), the letter "and" and the comma (,) that precedes him, |! | by a semicolon (;).
((c) replaced into the second paragraph, letter e) |! | by the following: "e) keep the public record referred to the |! |" Article 58 bis; "."
(d) be added in the second paragraph, below |! | (((letter e), the following letters f) and g), new: ' f) receive complaints from consumers who consider |! | " injured their rights and to inform the provider |! | respective the reason for dissatisfaction to |! | can voluntarily attend and propose the |! | alternative solutions that it deems appropriate. About |! | based on the response from the supplier claimed, the |! | National consumer service will promote a |! | voluntary understanding between the parties. The document |! | that agreement make record will have character of |! | extrajudicial transaction and terminate, once |! | complied with its provisions, the action of the claimant |! | to pursue the contentious responsibility of the |! | provider;
(g) to ensure compliance with the provisions |! | laws and regulations related to the protection |! | the rights of consumers and take part in |! | those causes that compromise the general interests |! | consumers".
(e) replacements third and fourth subparagraphs by |! | the following: "the power to ensure compliance with of |! |" rules laid down in special laws that say |! | relationship with the consumer, including the attribution of the |! | National consumer reporting service the |! | possible non-compliance with the bodies or |! | respective jurisdictional instances and becoming |! | part in the causes that the interests will be affected |! | General consumers, according to procedures |! | setting general rules or which are designated in |! | These special laws.
(En el caso de la letra e) of article 2, the |! | intervention of the national consumer service will be |! | limited to those contracts of sale of homes to |! | that referred to in article 1 of the decree with force of |! | law Nº 2, 1959, on housing plan, whose text |! | final was fixed in the Decree Nº 1.101, 1960, |! | the Ministry of public works.
Providers will be required to provide |! | the national service of consumer reports and |! | background requested it in writing, that |! | say relationship with basic business information, |! | defined in article 1 of this Act, goods and |! | services which are offered to the public. Refusal or delay |! | unwarranted in remission of background |! | required shall be punished by a fine of up to 200 |! | monthly tax units. Shall be deemed |! | unjustified delay exceeding five days, |! | Since the expiration of the time limit in the |! | requirement, which may not be less than thirty days |! | corridos. "."
(28) added, after article 58, the |! | following article 58 bis: "article 58 bis.-judges of letters and police |! |" local shall send to the national service of the |! | Consumer copy authorized sentences |! | definitive that speak out on matters of |! | This law and interlocutory judgments than |! | competition issues, fallen once was |! | are ordered. A regulation will determine the |! | manner in which the registration of these will be carried |! | judgments. "."
(29) Agreganse, then of the article 2º |! | transient, the following articles 3 rd, 4 th and 5 th |! | transient, new: "article 3.-the consumer organisations |! |" existing at the date of entry into force of the |! | present law, they will be considered to be associations of |! | consumers for all legal purposes and they may, in |! | any time, adapt to the new legal regime |! | According to the procedure laid down in article 4 |! | Transitional of law Nº 19.250.
Article 4.-the rules laid down in the |! | Article 17 of this law shall become effective |! | After one year, counted from publication in the |! | ((Diario Oficial, y las de las letras b), c) and e) of the |! | Article 37, ninety days after the same date.
Article 5.-empowering the President of the |! | Republic, so that within a period of 180 days |! | counted from the publication of this law, |! | through a decree with force of law, fix the text |! | revised, coordinated and systematized law Nº |! | 19.496, laying down rules on the protection of the |! | consumer rights. "."