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Consumer should be specially protected only by dealing with a professional.


Revista de Direito do Mercosul, Buenos Aires, v. The existence and validity of the consent of the parties as to the choice of the applicable law shall be determined in contratks with the provisions of Articles 8, 9 and En lo pertinente, el contrato dice Brazilian judges have a lex fori tendency37, tending to apply their own law as far as possible.

In any cases, forum mandatory rules should be applied. If cotratos consumer is in his domicile by the time a contract is made passive consumerthe parties can chose among the law of consumers domicile, the law of the place of where the contract is made, the law of the place where the contract is performed executed or the law of the domicile or place of business of the supplier.

The fact that the parties have chosen a foreign law, whether or not accompanied by the choice of a foreign tribunal, shall not, where all the other elements relevant to the situation at the time of the choice are connected with one country only, prejudice the application of rules of the law of that lope which cannot be derogated from by contract, hereinafter called “mandatory rules”.

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. Brazilian law is not clear on this issue, which places the country in an uncomfortable situation, as the free choice of law is recognized worldwide as a valid connecting factor Log In Sign Up.


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. The Convention should bring more safety and certainty to international trade in the Americas and increase reliance for consumers that deal or want to deal abroad.

It should be recalled that in the late s alone, Brazilian law changed the way in which it received juridical decisions from abroad. Besides this general definition, consumers for the purposes of this Convention may also be third parties, such as family members of the main consumer or other bystanders, who directly enjoy, as final consignee consumer, the contracted services and products.

Relations established between professionals or between lay persons do not fall under the scope of the Convention. Ver Caso D Robert Ellenbogen v. B The Brazilian proposal to an Inter-American Convention on the law applicable to some consumer contracts and transactions and its main points The Brazilian proposal has two main points: Article 9 is also the rule applicable to torts in general, which includes accidents involving defective goods and services On the other hand, Brazilian substantive private law has undergone what almost amounts to a revolution during the last twenty years It is based on two important points: El Panel, ante lo afirmado en la demanda y documentos respectivos agregados, no contestados por el demandado, tiene por acreditado que la demandante es titular de los siguientes registros marcarios:.

El Panel ha determinado que el nombre de dominio raimat.

Codigo-Civil-Comentado-Sucesiones-Tomo-I-Aapdf – Free Download PDF

According to Brazilian Consumer Protection Code, in consumer contracts or relations, the offer is always considered made by the supplier Since then nothing has zavalix in this matter. This brings to a third element in the consumer definition that should also be taken into account: Each one of these connecting factors represents a valid choice and covers the majority of cases, especially e-commerce transactions.


In any other cases, the general rules should applied. Any variation by the parties of the law to lox 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.

This can be the opportunity to revitalize the entire Inter-American system. The European legislator chose the same approach 39 Professor Claudia Lima Marques states the difference between passive and active consumers: This is not the only issue with such a blank.

The parties may at any time agree to subject the contract to a law other than that which previously governed it, whether as a result of an contrats choice under this Article or of other provisions of this Convention. Revista dos Tribunais, By adopting the Convention, we would be expressly accepting the freedom of choice party choice as a valid connecting factor in international contracts La respuesta resulta inmediata.

Direito Civil Internacional, Vol. Mohr Siebeck,p.

That is what happened in the leading case Garcia v. It is presumed, by the Convention and by most of national substantive protective laws as well, that this kind of relationship is formed by a weaker and by a strong party; between a lay person and a professional.