05/12/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Debate of who is the burden of proof is to discuss who has the responsibility to prove something. In the case of consumer protection, this rule is reversed
The day
Rio - The "reversal of the burden of proof" is one of consumer rights, but few know what it means. Debate of who is the burden of proof is nothing more to discuss who has the responsibility to prove something. In the case of consumer protection, however, this rule is reversed. For example, you bought a car with a defective exchange.
It is not for you to prove that there is a defect, but the automaker prove that there is not. The reversal of the burden of proof is based on the principle that the consumer is the weaker side of the consumer relationship. This is called hipossuficiência, whether economic or cultural. The consumer is a layman, is unable to prove that there is a manufacturing defect. The customer of a bank rarely knows how to analyze the contract presented to you by the manager. It is for the bank to prove that not used in bad faith.
Source: The Day
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This article was translated by an automatic translation system, and was therefore not reviewed by people.