Examinando por Materia "Estatuto del Consumidor"
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Ítem 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 Aspectos jurídicos relevantes sobre los Marketplace en Colombia(Universidad EAFIT, 2022) Pardo Puentes, Germán Andrés; Ramírez Osorio, Daniela Fernanda; Acosta Posada, AdelaidaThis research paper investigates the impact that Marketplace-type digital platforms have had on the purchase and sale of goods and services nationally and internationally. It is intended to make a tour of its delimitation, definitions, actors, scope in which they operate and jurisprudence and pronouncements of the Superintendence of Industry and Commerce about digital platforms that already have a normative regulation in our country. All of the above, together with the non-existent regulation of Marketplaces in Colombia, leads us to ask ourselves the vortex question of the Research work that summons us: is there currently a need in Colombia for a new legal figure that better adapts to the concept and business model of the Marketplace?Ítem Límites de la normatividad en materia de comercio electrónico en Colombia(Universidad EAFIT, 2019) Vásquez Mejía, María Isabel; Valencia Mesa, Alejandro; Bejarano López, AlejandroElectronic commerce despite its progress in the world, presents several concerns that are marked by advances in technology and the constant transformation in traditional economic activities, generating an environment in which the need to adapt the legal system and to understand many commercial situations in the relations of purchase and sale of goods and services seems imminent, for instance the situation of the consumers´ rights under the 1480 Act of 2011 (the Consumer Act), in special the right to quality, the security, the information and protection, and the right to quality, to security and indemnity, the right to information, the protection of misleading advertising, as well as the right to claim and contractual protection. In order to determine the limits of the regulations on electronic commerce in Colombia, and specifically the figure of the "Marketplace", the main figures of electronic commerce will be depicted, with emphasis on the so-called "Marketplace"; Likewise, the regulatory framework in Colombia regarding ICTs and in particular, Electronic Commerce will be described. The foregoing, in order to identify the limits of the legal order of electronic commerce in Colombia and its perspectives, and propose strategies for improvement.Ítem Viabilidad jurídica de la aplicación del régimen de productos defectuosos en casos de daños ocasionados por sistemas algorítmicos de Inteligencia Artificial de alto riesgo en Colombia(Universidad EAFIT, 2024) Restrepo Pedroza, Sofía; Díez Velásquez, Manuela; Mejía Rico, EstebanThe evolution of Artificial Intelligence has advanced considerably over the years and the human being is still unaware of how far this development can go. Currently, the tendency for misunderstood models, due to the characteristic of opacity towards the users of this technology, has increased over time. Given this lack of control or complete understanding of the capacity of Artificial Intelligence, it is essential not only to understand how it works, but also to question how and to whom the liability for possible damages arising from its use is attributed. It is therefore imperative that, within the framework of this new problem, the legal alternatives in force in the colombian legal system be evaluated, with the purpose of protecting those who acquire or use these systems that represent a significant threat for fundamental rights. In this context, the aim of this research is to analyze the legal feasibility of applying the colombian product liability regime to the damages caused by the use of Artificial Intelligence algorithmic systems that are considered as high risk.