Abstract

ALCANTARA FRANCIA, Olga Alejandra. Guiding Criteria for Incorporating General Terms and Conditions in Financial Service Agreements and Protecting the Peruvian Consumer. Prolegómenos [online]. 2020, vol.23, n.45, pp.137-150. ISSN 0121-182X.  https://doi.org/10.18359/prole.4285.

This article seeks to identify the criteria used by the administrative authority to determine the incorporation of general terms and conditions in financial service agreements entered into with consumers. The prior administrative approval of the general terms and conditions aims at minimizing the risks of including abusive clauses and restoring the contractual balance. A hermeneutic-synthetic method is used for interpreting and analyzing administrative resolutions passed by the competent authority. The results show that multiple case-law criteria applied to agreements subject to supervision denote the need for systematizing them to guarantee predictability for both the administered party and the administrative body.

Keywords : Administrative approval; general terms and conditions; banking service agreements; incorporation control.

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