Azul, Buenos Aires – โฃAโข leading voice in Argentina‘s civil and commercial jurisdiction, Vivian Dรญaz, highlighted the importance of judicial oversight of consumer contracts and the evolving understanding of vulnerability within the legal system during recent discussions. Dรญaz emphasized the power to challenge clauses deemed abusive, even within legallyโ standardizedโ contracts.
Dรญaz explained that โฃclauses forcing consumers to waive legal protections are considered “non-agreed” and subject to judicial review. “The fact that theyโ exist does notโค necessarily require that they be absolutely valid if this violation ofโ consumer rights is verified,” she stated. She also addressed the concept of “hypervulnerability,”โ identifying categories such as โindividuals facing illness,โ older adults, children, and migrants as perhaps falling into โฃthis โฃclassification.
Furthermore, Dรญaz discussed the submission of “punitive damage” -โค a monetary fineโค intended โto sanction non-compliance and deter future misconduct – as a tool for curbing unfair practices. โShe cautioned that โwhile useful, it should be applied carefully by judicial โขoperators, serving as a sanction โคforโ the petitioner and discouraging undue profit.
Dรญaz will be a participant in the โคIII 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 โin 2020, โคbrings together judgesโฃ specializing in civil and commercial law, alongside lawyers, students, and other stakeholders.This year’s congress will focus on the 10th anniversary ofโค theโฃ Civil and Commercial Code. Dรญaz described REJUCBA as aโฃ space for “professional and intellectual accompaniment,”โ noting its origins in collaborative discussions during the pandemic and its subsequent โprogress of practices like WhatsApp notifications to โฃmodernize legal processes.
