The rise and fall of the duty of suitability in the Peruvian Consumer Protection law

The term "suitability" is understood as the correspondence between what a consumer expects and what he actually receives. In that sense, to clarify what is meant by "duty of suitability" it is necessary to analyze theconcept of "consumer” as well. However, when it comes to o...

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Bibliographic Details
Main Author: Gustavo Rodríguez García
Format: Article
Language:Spanish
Published: Asociacion Civil THEMIS 2014-11-01
Series:Thēmis
Subjects:
Online Access:http://revistas.pucp.edu.pe/index.php/themis/article/view/10876
Description
Summary:The term "suitability" is understood as the correspondence between what a consumer expects and what he actually receives. In that sense, to clarify what is meant by "duty of suitability" it is necessary to analyze theconcept of "consumer” as well. However, when it comes to our consumer protection system, can we say it is protecting the reasonable consumer, the average consumer or the negligent consumer? In this regard, what are the implications of opting for the protection of one or the  other?  In this article, the author seeks to answer these questions through an analysis of national jurisprudence regarding consumer protection.
ISSN:1810-9934