Clipping of news on Brazilian Culture, Law and Citizenship
05/13/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
At the request of GLOBE, a lawyer specialized in civil and consumer clarifies what are the situations where it is not worth what is written
Every day we come in contact with a large volume of information about rights and duties in consumer relations. Besides the main legislation on the subject - the Consumer Protection Code - there are specific rules in sectors such as healthcare and telecommunications. And some businesses still create their own standards.
The confusion is such that emerged "myths", as it is mandatory to pay a certain amount in bars in case of loss of the leads, or that the document is valid disclaimer that companies require the customer to sign when the service risk of accidents is offered.
The application site GLOBE attorney José Alfredo Lion, specialist in civil law and consumer clarifies what are the situations where it is not worth the writing.
1 - Document disclaimer has no legal
Companies that promote leisure activities, tourism and even the so-called adventure sports - climbing, body jump, hang gliding flights, among others - are required to maintain the safety and well-being of their clients. Even though, in most cases, require the participants or their legal guardians, signing a document released from the responsibility if accidents happen. Even if you sign the document has no legal value. If there is an accident, the supplier may be liable.
2 - Recovery in case of loss of command is invalid
There is no legal provision, even if the command is written that if lost will be charged a certain amount, it does not require the consumer to pay. The explanation is that this collection is a unilateral decision of the supplier. The Consumer Defense Code (CDC) prohibits unfair advantage to the vendor and, if so, is there because "I can consume mineral water and lose their heads and wanting to charge an amount much greater than the amount consumed is abusive," says José Alfredo Lion.
3 - Payment of 10% of the waiter is not mandatory
This is an old argument if it fits or not, when the bar or restaurant has a collective bargaining agreement (bargaining) signed with the union of the employees of bars and restaurants, but can be charged to the account. The question is whether that property is that we are consuming or not this collective agreement. The consumer can always ask to see if this agreement is signed. "The most interesting question in this case, but it has to do with consumption but with labor law, is that when you have this collective agreement this amount has to be passed on to employees (all, not just servers) and can not include salaries and yes gratification, "says the lawyer.
4 - Consummation minimum reserve tent on beach
There can be. The beaches are public places and the owners of the stalls are using public space to explore your business. What they can do is not let use their chairs, tables and umbrellas if there is no consumption. "Yet it is debatable as well," said Lion.
5 - Garages are responsible for damage to vehicles
The parking lots are responsible for vehicles as custodians of them. Ie, they have a legal obligation to look after the well left there (car) and are responsible for any event. "I have illustrated this in a suit against a store, the owner of the truck that collided with a car and administrator of the parking lot where there was the incident. All three were ordered to indemnify the owner of the damaged vehicle," said the lawyer.
6 - No, your debt does not 'die' after five years
debt collection and creditor prescribes (usually banks, financial credit cards and other similar) can no longer be charged. This is a myth. What exists in reality is that the name of the consumer after the deadline can not be included in more restrictive credit records such as SPC and SERASA. The creditor may, by action of its own, but divide this charge. "And when there is the distribution of the action (in court), the name back to the entries, but this time not for the debt, but the existence of the action," says the lawyer.
Source: The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.