Sistematización de experiencia en japón. Cláusulas abusivas y protección del consumidor en contratos privados

Abstract

This paper reflects on consumer protection against unfair terms in adhesion contracts, taking as its starting point the academic experience in Japan. Throughout the trip, observing automated consumer practices such as vending machines and payment systems without human intervention allowed us to identify the challenges faced by consumers in an environment where contractual terms are predetermined and there is no room for negotiation. These episodes, experienced in cities such as Osaka and Fukuoka, highlighted both the efficiency of technological commerce and the vulnerabilities arising from the absence of immediate complaint mechanisms. This experience also allowed us to articulate what we observed in Japan with a critical analysis of Colombian law, highlighting that the autonomy of will, understood in its classical form, is insufficient in contexts of mass and automated consumption. Hence the need to strengthen the regulation of unfair terms, ensure greater transparency in information, and design mechanisms that effectively protect the consumer as the weaker party in the contractual relationship. In short, the work integrates personal experience with legal and comparative analysis, demonstrating that technological innovation cannot be separated from the social function of the contract. Beyond the anecdote, this reflection becomes a call to rethink current and future consumer practices, with a view to building contractual relationships that are more just, equitable, and respectful of consumer dignity.