Examinando por Materia "Derecho de retracto"
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Ítem Análisis de la posibilidad de aplicación de la Ley 1480 de 2011 en las transacciones efectuadas con NFT en Colombia(Universidad EAFIT, 2023) Correa Sierra, Juan Antonio; Mesa Espinal, Esteban; Villa García, Luis FelipeÍtem Aplicación del principio de igualdad en el ejercicio del derecho de retracto en las relaciones de consumo colombianas(Universidad EAFIT, 2020) Vélez Frieri, Daniela; Martínez Luján, José DanielWhat is intended in this writing is to demonstrate the gap that exists in Colombian legislation regarding the obligations that arise to the consumer during the exercise of his right of withdrawal towards the producer or supplier that initially marketed a good or service. Such gap generates an inapplication of the principle of equality against the obligations imposed to consumers and suppliers by the Law 1480 of 2011 (current Consumer Statute). This document is important because at the time, controversies are evident between consumers and suppliers in relation to determining the term of fulfillment of the obligation on the part of the consumer to return - to the producer or supplier - the product (good or service) purchased initially, once the right to retract has been exercised, the producer or supplier is under the obligation to return the total value paid by the consumer for the purchase of the product within the following thirty (30) calendar days from the moment in which the consumer has exercised his right of withdrawal, without counting if the producer or supplier -before the return of the money- had received back the product initially purchased by the consumer.Ítem El derecho de retracto del consumidor aéreo, consideraciones jurídicas y problemas prácticos(Universidad EAFIT, 2018) Rodríguez González, Alejandro; Restrepo Pérez, Isabella; Tamayo Franco, Rafael EduardoThe purchase of airline tickets online is the most frequent virtual acquisition operation for Colombians -- However, these consumers have greater vulnerability derived from the lack of information and the difficulty of dealing with the multiplicity of rates for the same journey -- The right of withdrawal is the faculty that allows these remote buyers to avoid losing the resources invested in a flight that, regardless of their cause, they do not wish to make -- The figure will be addressed starting from the principles of protection of the air passenger, its differences with the consumer safeguard mandates established in the "Consumer Statute", the rules on passenger rights and the specific analysis of the right of withdrawal enshrined in our regulations, as well as the academic debates regarding its concept and similarity with other figures of private law -- Later we will evaluate the normative effectiveness of this faculty of the air consumer in our context