The control of the non-negotiated terms in the electronic contracting
Authors
-
Sebastián Campos Micin
Universidad de Chile
https://orcid.org/0000-0002-3236-8630
-
Gabriel Hernández Paulsen
Universidad de Chile
https://orcid.org/0000-0002-3180-8067
Abstract
The article deals with the control of non-negotiated clauses in electronic contracting, distinguishing between control of incorporation and control of content. In relation to the control of incorporation, the charges aimed at safeguarding the knowability, understandability and reasonable predictability of the clauses are critically examined, and their normative bases in Chilean law are specified. Regarding control of content, it is stated, in a prominent way, that, in light of article 16 letter g) of Law 19.496, it is an abstract control, intended to safeguard a certain degree of normative balance of the clauses, and that should not be confused with a control of surprising terms.
