Marta Arias in the First Colloquium of the Cycle «Discussing Relevant Judgments»
On January 24th started a new cycle of colloquiums organized by LEXEN, the Interdisciplinary Center of Universidad de Chile that brings together the Law, Economics and Business faculties. This first meeting was about the ruling of the Sernac / BBVA case and among the panelists, was our senior attorney, Marta Arias.
«We analyzed the content and scope of the Supreme Court ruling issued in November 2018, in the SERNAC / BBVA case, where various clauses of the contract that BBVA had stablished with its clients were declared abusive. The objective of the activity was to review the criteria used by the Supreme Court. My intervention focused on the relevance of the sentence issued, as it resolved issues of Consumer Law that had been part of discussion for several years, from the point of view of doctrine and jurisprudence. The merit of this ruling is that the Supreme Court settled these discussions and established what is the criterion that governs these matters, such as the prescription of actions other than contravention, the legitimacy of SERNAC, the autonomy of the will in adhesion contracts and the will of the consumer in these contracts, «comments Marta Arias.
Other Baraona Marshall & Cia. attorneys attended to the activity. Paulina Gálvez commented that «the speakers agreed on the importance of the ruling at both pedagogical and doctrinal levels, and stated its clarity. It is important to note that through this ruling, the Hon. Supreme Court is not setting criteria on irrelevant or purely theoretical legal discussions, but the criteria result in a double application: on one hand, they serve as prevention against abusive clauses, so suppliers will be aware that they can be declared abusive and annulled, so the natural thing is to avoid them in their contracts. On the other hand, this ruling is a tool for the protection of consumers rights, because although jurisprudence does not have mandatory force in our country, it does have a great weight in the judges when deciding a cause, especially when it comes to criteria established by the Hon. Supreme Court».
Along with Marta Arias, the other panelists tahta presented were Lucas del Villar, National Director of Sernac and former National Directors of that organization, Ernesto Muñoz and José Roa.