Incumplimiento del contrato de compraventa en el comercio electrónico: un estudio desde la legislación europea

• Braukmann Gasca, Lisa Kate

• Protección Al Consumidor

"With the arrival of the pandemic in 2020, e-commerce in Chile began to have more importance, since consumers' need to continue buying never ceased. However, various conflicts began to arise between suppliers and consumers regarding non-compliance with the electronic sales contract. This revealed a total lack of protection among consumers due to the lack of knowledge of their rights and the lack of special regulation on this “new form” of commerce. However, on September 23, 2021, Decree No. 6 was published in the Official Gazette, which approves the electronic commerce regulations, complementing Law No. 19,496 on the protection of consumer rights. The objective of this work was to study and analyze, after the entry into force of the new regulations on electronic commerce, what our legal system and jurisprudence establishes for the resolution of conflicts due to non-compliance with electronic sales contracts. In addition, the rights of consumers and the obligations of suppliers in this type of contracts are studied and we include an analysis of the directives of the European Union, especially Spanish legislation on the subject. With the above, we demonstrate that in Chile we still have deficiencies that must be improved with more exhaustive regulation for the due protection of consumer rights in electronic commerce. This is because the digital environment is constantly evolving, and in practice it is required that our country adapt and seek a balance to promote innovation and the growth of electronic commerce, always safeguarding consumer rights.

Memoria para optar al grado de Licenciado en Ciencias Jurídicas, Universidad Finis Terrae, año 2024