Keywords
contratos de adhesión
cláusulas abusivas
consumidores
control de contenido
prórroga de jurisdicción
How to Cite
Abstract
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.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.