Clipping of news on Brazilian Culture, Law and Citizenship
08/04/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The contract may even be well explained. But still, we need to be aware of the unfair terms. know more
Source: Consumidor Moderno
You hired a service. Even after reading the entire contract, some time later had a problem. You may have come across some unfair term. But ultimately, what is it? You have to understand what it is, so that neither the consumer is harmed or companies make mistakes in contracts.
"The CDC has a specific article (Article 51) which deals with unfair terms. They are those that are in the contract, but that may be void because they put consumers at a disadvantage. As the law assumes that the consumer is vulnerable, even if he read the contract if the clause is abusive, it can not be required by the company, "he explains justifies Vitor Morais, president of the Brazilian Association of Company Customer Relations, Abrarec.
Check out what the CDC says, that determines the clauses as null (among others):
- Impossible, exonerate or reduce the supplier's liability for defects of goods and services;
- Involves renunciation of consumer law;
- Subtract the consumer the right to reimbursement of the amount paid, in the cases reviewed in the CDC;
- Transfer provider's responsibilities to third parties;
- Establish the reversal of the burden of proof to the detriment of consumers and against the provisions of art. 6, VIII;
- Determine the compulsory use of arbitration;
- Impose a representative to conclude or perform other legal business by the consumer (mandate clause);
- Allow the supplier to directly or indirectly change the price unilaterally;
- Authorize the supplier to unilaterally cancel the contract without the same right is granted to the consumer;
- Require the consumer to reimburse the costs of collection of its obligation without the same right is conferred against the supplier;
- Authorize the supplier to unilaterally modify the content or quality of the contract after its conclusion;
- Infringe or allow the violation of environmental standards;
- Are in disagreement with the consumer protection system;
- Allow the waiver of the right to indemnification for necessary improvements;
- General rule: establishes obligations considered unfair, abusive, that puts the consumer at a disadvantage exaggerated, or is incompatible with the good faith or equity. that an advantage is exaggerated to say when: (I) offends the fundamental principles of the legal system to which it belongs; (II) restricts fundamental rights or obligations inherent in the nature of the contract so as to threaten its object or the contractual balance; (III) proves to be too expensive for the consumer, considering the nature and content of the contract, the interest of the parties and other circumstances peculiar to the case.
Consumers who come across an unfair term may go to court to plead its nullity, and consequently get rid of the obligation imposed.
Source: Consumidor Moderno
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This article was translated by an automatic translation system, and was therefore not reviewed by people.