Abstract

MASBERNAT, PATRICIO  and  MASBERNAT, KAREN. The linked contracts in consumer law. A comparative approach as anaiyticai framework. Rev. Derecho [online]. 2021, n.56, pp.9-39.  Epub May 28, 2022. ISSN 0121-8697.  https://doi.org/10.14482/dere.56.3474.

This paper deals with the phenomenon of contractual interdependence of massive sates and credit contracts to finance them, related to consumer taw. Contractual interdependence constitutes a complex figure, which encompasses various connection or coordination hypotheses that justify a response that is far from the traditional togic of contract taw due to the traditional insufficiency of the tegat solution to the breach of the supplier in the sate of goods or services financed with credit granted by a third party. One of the probtems of this type of contract ties in the vutnerabitity of the consumer, since the economic damage fatts onty on him, in cases in which despite not receiving what he bought or receiving it with defects, he must stitt pay the credit of consumption granted by the tender, because according to private taw they are considered as two independent contracts and, fictitiousty, without a tinking. From an interpretation according to the reatity and needs of current, massive and comptex sociat interactions, a possibte thesis to face this probtem coutd be to consider the business unit in the face of the pturatity of contracts, and the tink between them in retation to their cause. This paper addresses att the main aspects of this comptex issue.

Keywords : Unnamed contracts; interdependent contracts; retated contracts; tinked contracts; tinked contracts; united contracts.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )