La protección al consumidor en los contratos de autofinanciamiento comercial en Colombia

Abstract

Actually, the law poses great challenges in the face of diverse and novel modalities of exchange of goods and services; the asymmetry already recognized by Colombian legislation places consumers in a situation of inferiority that requires the special protection of their rights. Thus, through the inductive method based on the study of the "Chiviplan" program in Colombia, this article analyzes the legal relationship and contractual typology derived from the "Commercial Self-Financing Contracts". In this way, the applicable protection regime will be presented, and its effectiveness will be analyzed in the face of the problems caused by its use in commercial traffic; finally, because the commercial self-financing system is a figure that is latent in Latin America, we will see some of the positions of the Argentine and Mexican doctrine that have arisen around the contract studied.

The purpose of this article is to analyze the consumption relationship derived from commercial self-financing contracts in Colombia, in order to establish the applicable consumer protection regime and the existing judicial defense mechanisms in the field of jurisdictional functions granted to certain administrative entities.