Abstract

MONSALVE CABALLERO, Vladimir. THE PRE-CONTRACTUAL LIABILITY FOR BREACH OF THE DUTY TO PROVIDE INFORMATION UNDER THE NEW CONSUMER PROTECTION LAW. Vniversitas [online]. 2012, n.125, pp.219-255. ISSN 0041-9060.

The new consumer protection law in Colombia, know as law 1480 of 2011 for the first time incorporated a system of protective principles, which highlights the rights of the consumers to access to the appropriated information that allows them to make informed choices, imposing an obligation on producers and distributors and other professionals of information to be characterized for its adequacy, clarity, appropriateness and timeliness. This article demonstrates how despite the law creates an information credit on consumers benefit, its enforcement, enforceability and effectiveness are in doubt despite the various civil and administrative sanctions that may be imposed by the Superintendence of Industry and Commerce. The analysis was performed having in reference the comparative law and the consumer protection within the modern doctrine of culpa in contrahendo.

Keywords : Culpa in contrahendo; pre-contractual liability; information duties; contract formation; Law 1480 of 2011.

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