Azul, Buenos Aires – A leading voice in Argentina‘s civil and commercial jurisdiction, Vivian Díaz, highlighted the importance of judicial oversight of consumer contracts and the evolving understanding of vulnerability within the legal system during recent discussions. Díaz emphasized the power to challenge clauses deemed abusive, even within legally standardized contracts.
Díaz explained that clauses forcing consumers to waive legal protections are considered “non-agreed” and subject to judicial review. “The fact that they exist does not necessarily require that they be absolutely valid if this violation of consumer rights is verified,” she stated. She also addressed the concept of “hypervulnerability,” identifying categories such as individuals facing illness, older adults, children, and migrants as perhaps falling into this classification.
Furthermore, Díaz discussed the submission of “punitive damage” - a monetary fine intended to sanction non-compliance and deter future misconduct – as a tool for curbing unfair practices. She cautioned that while useful, it should be applied carefully by judicial operators, serving as a sanction for the petitioner and discouraging undue profit.
Díaz will be a participant in the III Congress of the Network of Civil and Commercial Courts of the Province of Buenos Aires (REJUCBA), to be held November 13 and 14 in Azul. REJUCBA, formed in 2020, brings together judges specializing in civil and commercial law, alongside lawyers, students, and other stakeholders.This year’s congress will focus on the 10th anniversary of the Civil and Commercial Code. Díaz described REJUCBA as a space for “professional and intellectual accompaniment,” noting its origins in collaborative discussions during the pandemic and its subsequent progress of practices like WhatsApp notifications to modernize legal processes.
