Clipping of news on Brazilian Culture, Law and Citizenship
03/10/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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In consumer relations , almost 100 % of the agreements between the two sides of the counter are called " adhesion " , ie those already written , prepared and printed by the supplier . For him to have value, just filling the spaces relating to the identification of the buyer and the good or service . In the membership contract , the clauses are predetermined without the consumer can discuss or substantially modify the content of what is written .
But only in theory . That's because the Consumer Protection Code ( CDC ) , which oversees consumer relations , it is clear when he says " that the contractual terms must be construed most favorably to the consumer " ( Article 47 ) . And many court decisions have favored the consumer when the action is a contract of adhesion .
Decision - For example , recently, the Superior Court of Justice ( STJ ) , with respect to return values to the consumer after the termination of the purchase and sale of property contract considered abusive clause of the contract which called for the return of the amount paid to consumer in installments . As was written in the decision , " the jurisprudence of the Supreme Court is being proclaimed as the abusive situations under analysis , offense by Article 51 , II and IV , CDC , considering that the prospective seller may , once again , to resell the property to third parties and , at the same time , obtaining advantage with retained values , beyond the proper valuation of the property, as usually happens . "
" The judicial system with its decisions , the CDC has improved since this law was built with principiológico nature, ie , dependent and needs detailing ," says Vinicius Zwarg , an expert in consumer law attorney who acts in office Emerenciano , Baggio and Associates . Bills or judicial decisions are some of the instruments contributing to the improvement of consumerist law.
Contract - But companies can (and should ) improve their adhesion contracts to guard against legally if one of your customers enter lawsuit to challenge any contractual clause . The first step , instructs dr . Vinicius Zwarg , is to seek expert with experience not only in contract but who also knows the laws and consumer judgments about consumer relations . " The good contract is one built with what did not work ," says the lawyer.
What does the CDC
Source : Procon SP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.