LOPEZ DE ZAVALIA, FERNANDO J. TEORIA DE LOS CONTRATOS TRATADO DE LOS CONTRATOS (TOMO I – III) http: //rapidshare. Teoría de los Contratos Tomo I – Fernando López de Zavalia. PDF – Mb. Lopez de Zavalia, Fernando Teoria De Los Contratos Lorenzetti, Ricardo Tratado De Los Contratos Tomo I buenos aires, argentina Diego.

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Se tworia las siguientes disposiciones: Revista Chilena de Derecho, v. O novo direito internacional: The Introductory Law to the Civil Code is not in accordance with the new trends in Private International Law; in particular it does not provide any contragos to protect consumers as the weaker party in a relationship Notwithstanding the provisions of paragraph 4, this Article shall apply to a contract which, for an inclusive price, provides for a combination of travel and accommodation.

Applicable law to consumer contracts: Fundamentos do Direito Privado.

V — Consumer Protection. The second and most important point is the question of choice of law. Any variation by the parties of the law to be applied made after the conclusion of the contract shall not prejudice its formal validity under Article 9 or adversely affect the rights of third parties. On the other hand, Brazilian substantive private law has undergone what almost amounts to a revolution during the last twenty years With regard to the exclusion of legal persons46, this is justified by the fact that moral persons usually act as professionals.

Considering party autonomy in Brazilian Private International Law, although there is some controversy among Brazilian legal scholars 27, the full majority sustains that the present article 9 does not allow party autonomy freedom of choice as a valid connecting factor, even for relations between professionals With regard to consumers, the Federal Constitution recognized their rights as fundamental rights12 and as a economic order principle Direito Internacional Privado Parte Especial: The absence of specific conflict rules on consumer contracts and transactions As all other countries in South America, Brazil does not have any special conflict rule for consumers3.


El nombre de dominio objeto de este procedimiento es raimat. The Convention adopts a subjective scope of application, describing who the person to be protected is. Subsidiary and alternative connecting factors20 or any other kind of open and therefore more flexible rules 21 would certainly be much more appropriate to protect the weaker party, which are used by the European Community through the Rome Convention.

Ver Caso D Robert Ellenbogen zabalia. The chosen law could be only applied if it is the most favorable to the consumer. COM is in “Active” status”.

El Panel ha determinado que el nombre de dominio raimat. Other countries in the Americas adopt broad definitions of consumer in their substantive national laws that could include the idea of a bystander consumer, although they did not use exactly this expression.


It is a strict connecting factor that does not allow the judge to look for the law most favorable to the consumer Sugerencias para un derecho de consumo unitario. Principles ,os objective good faith and also duties of cooperation and loyalty15, for example, were adopted by private law in general, affecting not only consumer relations, but also all kinds of private relationships.

In Europe, party autonomy has been also defended as being a connecting factor even in consumer relations This example teroia that by not having clear and specific conflict rules about consumer relations, Brazilian Law does not offer the necessary protection for both suppliers and consumers. If there were marketing activities in the place of consumers domicile, then its domicile mandatory rules should be also cumulatively applied.


The single rule that should be applicable to consumer contracts or transactions is article 9 that zavaia the law applicable to all kinds of obligations, which in Brazil includes both contracts and torts.

In the absence of regional conflict rules about consumer contracts and transactions, the Convention would be a very welcomed replacement.

The existence and validity of the consent of the parties as to the choice of the applicable law shall be determined in accordance with the provisions of Articles 8, 9 and In these cases it should be interpreted as the lex loci delicti, which indicates the law of the place where the illegal act was committed or the law of the place where the damage and its consequences occurred.

This brings to a third element in the consumer definition that should also be taken into account: Notwithstanding the provisions of Article 4, a contract to which this Article applies shall, in the absence of choice in accordance with Article 3, be governed by the law of the country in which the consumer has his habitual residence if it is entered into in the circumstances described in paragraph 2 of this Article.

Finally, it is noteworthy that the Convention plays a very significant role in the Americas by leading a creative, honest and already successful dialogue between the common law and the civil law systems.

Si se considerara en particular la parte “.

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