Abstract

HERNANDEZ PAULSEN, GABRIEL  and  CAMPOS MICIN, SEBASTIÁN. Correlation between the Precontractual Duty of Transparency and the Control of Not-individually Negotiated Terms. Bases for its application in Chilean Law. Rev. Derecho Privado [online]. 2020, n.39, pp.143-173.  Epub Oct 31, 2020. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n39.07.

The present article analyzes the link between the pre-contractual duty of transparency and the control of not negotiated individually terms. First, it is examined on the control of incorporation, which evaluates, above all, if the clauses are cognizable and understandable. Then, about the control of abusiveness, which, in this case, would work respect the economic clauses of the contract. Later, regarding the predictability control, which can lead to the ineffectiveness of surprising clauses. Finally, are proposed bases for the application of the precontractual duty of transparency in the Chilean law.

Keywords : precontractual duty of transparency; not individually negotiated terms; control of incorporation; abusive terms; surprising terms.

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