Vol. 26 No. 2 (2005)
Research articles

Las clausulas abusivas. una critica al control represivo

Carlos Pizarro Wilson
Universidad Diego Portales
Bio

How to Cite

Pizarro Wilson, C. (2010). Las clausulas abusivas. una critica al control represivo. Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 26(2). Retrieved from https://www.rdpucv.cl/index.php/rderecho/article/view/602

Abstract

Unfair terms being the main problem in general hiring conditions, it is imperative that the diverse control systems in the European and Chilean comparative laws be analyzed. European laws are made up of a common legislation, adopted by the different Member States through the 93/ 13 EEC Directive on unfair terms, where repressive control based on a general term, interpretation regulations, and lists of suspicious or abusive-per-se provisions are favored. This model dramatically resembles the control system provided for in the Chilean consumer protection law. In Chile, however, repressive control has been inefficient, not because of the present regulation, but because it has not been used. Although the recent reforms in this matter have been correctly oriented, it is absolutely necessary that the legislation consider a preventive mechanism which, added to repressive control, helps to efficiently protect not only the consumers but also everyone who may be the subject of an unfair contract.