Definition of protection to consumer
1. Meaning of protection to consumerIt is the name given to the set of rules emanating from public authorities aimed at the protection of the consumer or user in the market of goods and services, giving and regulating certain rights and obligations.
In general, is considered consumer or user to any physical or legal person who contracts for pecuniary, for final consumption or self-serving, or their family or social group, acquisition or location of goods or the provision or hiring of services.
The right of use is not an autonomous branch of the law, but a cross-discipline, with items that fit within commercial law, Civil law and others within the administrative law and procedural law.
Information deficiencies or problems of constraints with the provision of information in markets may also authorize the regulatory action. This is usually necessary because the consumers of certain products may not take an informed decision regarding your choice of purchase or investment. It may be the case that the information is prohibitively costly provide or obtain, or that there is asymmetry of information, where a party to the transaction is misinformed (usually the consumer). Where the constraint of information has significant and potentially harmful implications for consumers, regulation can be aligned to the interests of consumers.
2. Definition of protection to consumerProtection the consumer is something that national and international laws give buyers a merchandise (natural or legal persons) or use a service, so that they can claim if they feel that they have still deceived or harmed by sellers or providers of the attentive service that consumers, who are the end recipients of which have acquiredYes, your family or friends, they have become owners of a recently recognized, being considered therefore as third generation.
In a society that holds increasing complexity, where trades are no longer small family or one-person businesses, but huge international chains, as well as those who provide services; the consumers are in a position of inferiority and very susceptible to being cheated, having no supporting documentation many times for their claims. Even in the case of small service providers, which do not give receipts for their work, or in the case of large companies, if they sign contracts of adhesion, where the small print is usually ignored by who subscribes it, or although you read it, you cannot enter any changes in it.
Defence laws to consumers enable them to be informed with seriousness and veracity of the characteristics of what they intend to acquire; providers must give a detailed sales document, leaving the original with the consumer; those must be responsible for defects that present the sold thing; the service providers should have a record of the claims of the users to whom it must provide personalized attention, etc.
They have been created in each country, moreover, public offices for the receipt of complaints and advice on the rights of the consumer and private associations (NGOs). In any case, in practice, many times consumers complain, but do not demand through the courts.
3 Concept of protection to consumerThe intense transformations in consumer relations, has caused the operators of the law concerns the way in which there will be to protect consumers.
The Civil Code, is to some extent take into account the rights of consumers to regulate strictly related with these figures: contracts for the provision of services, lodging, transportation of passengers and freight, banking services, insurance, as well as sales in establishments of trade retailer and sales in general.
There are, however, mechanisms and effective procedures to enforce these rights. Regulates that the goods that are the subject of the sale in retail establishments must possess the measurement, weight, quantity and quality, according to the legal regulations, then it will refer.
Comparison of protection to the consumer in different Constitutions
ArgentinaArticle 42.-Consumers and users of goods and services have the right, in the relationship of consumption, to the protection of their health, safety and economic interests; to an adequate information; freedom of choice and to conditions of fair and decent treatment.
Authorities will provide the protection of those rights, education for consumption, to the defense of competition against all forms of distortion of markets, to the control of the natural and legal monopolies, to the quality and efficiency of public services, and the establishment of associations of consumers and users.
The legislation shall establish effective procedures for the prevention and resolution of conflicts, and the regulatory frameworks of public services of national competence, providing the necessary participation of the associations of consumers and users and the provinces concerned into the control bodies.
BrazilArt.5º - Todos São iguais face a lei, sem qualquer natureza, markets distincao - is aos brasileiros e aos estrangeiros residents not inviolabilidade do direito a country life, a liberdade, igualdade, Segurança e propriedade, us terms following:
• XXXI - bens de estrangeiros located sucessao country will be unregulated brasileira em benefit do combines ou pela lei two Brazilian filhos, sempre que não lhesan seja mais favoravel a lei cujus do pessoal;
ColombiaArticle 78.-The law governs the control of quality of goods and services offered and provided to the community, as well as the information to be supplied to the public in its marketing.
They shall be responsible, under the law, those in the production and marketing of goods and services, threaten the health, safety and the adequate supply to consumers and users.
The State shall guarantee the participation of consumers and users in the study of the provisions that concern them. To enjoy this right organizations should be representative and observe internal democratic procedures.
Article 46.... Consumers and users are entitled to the protection of their health, environment, security and economic interests, to receive adequate information; freedom of choice, and to equal treatment. The State will support organizations that they constitute for the defense of their rights. The law shall regulate these matters.
EcuadorArticle 92.-Law establish quality control mechanisms, procedures for the defense of the consumer, reparation and compensation for defects, damage and poor quality of goods and services, and by the interruption of public services not caused by catastrophes, unforeseen circumstances or force majeure, and the sanctions for the violation of these rights.
Persons who provide public services that produce or market consumer goods, will be responsible for civil and criminal law for the provision of the service, as well as conditions of the product offering, according to carried out publicity and the description of your label. The State will sponsor the establishment of associations of consumers and users, and shall adopt measures for the fulfilment of its objectives.
State and sectional autonomous entities respond civilly liable for the damages caused to the inhabitants, by their negligence and carelessness in the care of the public services which are in charge and by the lack of services that have been paid.
El SalvadorArticle 101.-The economic order should respond essentially at the beginning of social justice, that they tend to make all the inhabitants of the country an existence worthy of human beings.
The State shall promote economic and social development through the increase in production, productivity and the rational use of resources. Same purpose, it will encourage the various sectors of production and will defend the interests of consumers.
Article 110.-Do not authorise any monopoly but in favor of the State or municipalities, when social interest make it essential. Watertight in favor of the State may be.
In order to guarantee business freedom and to protect the consumer, monopolistic practices are prohibited.
Privileges may be granted for a limited time to the discoverers and inventors, and the perfectors of the productive processes.
The State may take in charge public services where the social interests so require, paying him directly, by means of autonomous official institutions or municipalities. Also corresponds to regulate and monitor the public services provided by private companies and the approval of their rates, except those that will establish in accordance with treaties or international agreements; Salvadoran public services companies will have their sites and bases of operations in El Salvador.(3)
GuatemalaArticle 130-Prohibition of monopolies. Monopolies and privileges are prohibited. The State will limit the functioning of enterprises which absorb or tend to absorb, to the detriment of the national economy, the production in one or more branches in industrial or the same commercial or agricultural activity. The laws will determine with regard to this matter. The State will protect the market economy and will prevent the associations that tend to restrict the freedom of the market or harm consumers.
Article 119.-Obligations of the State. They are fundamental obligations of the State:
... i. The defence of consumers and users in terms of the preservation of the quality of the products for domestic consumption and export to ensure their health, safety and legitimate economic interests; ...
HondurasArticle 347.-Agricultural production must preferably be Guide to the satisfaction of the food needs of the Honduran population, within a policy of adequate supplies and fair prices for the producer and the consumer.
Article 331.-The State recognizes, guarantees and promotes freedoms of consumption, savings, investment, recruitment, Enterprise and any other issued by the principles that inform this Constitution, trade, industry, occupation, initiative. However, the exercise of these freedoms may not be contrary to the interest social or injurious to morality, health or public safety.
Agricultural production should be directed preferably to the satisfaction of the food needs of the Honduran population, within a policy of adequate supplies and fair prices for the producer and the consumer.
Article 105:-... It is the duty of the State guarantee the quality control of goods and services, and avoid speculation and hoarding of basic goods of consumption (2).
PanamaArticle 279.-The State will intervene in all sorts of businesses within the regulations laying down the law to be effective social justice referred to in this Constitution and in particular, for the following purposes:
1 Regular through special agencies rates, services and prices of the items of any kind, and especially those of first necessity.
2 Require proper efficiency in services and adequate quality of the articles mentioned in the previous paragraph.
3 Coordinate the production of goods and services.
The law will define articles of first necessity.
ParaguayArticle 72.-quality control
The State shall ensure the control of the quality of the food, chemical, pharmaceutical and biological products in the stages of production, import and marketing. It will also facilitate factors of poor access to essential medicines considered.
Article 65.-The State defends the interests of consumers and users. For this purpose, it guarantees the right to information about goods and services that are available in the market. Also ensures, in particular, the health and safety of the population.
UNITED STATES OF AMERICAAmendment XVIII. (1919)
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Amendment XXI. (1933)
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Constitution in Spanish