This article endeavours to carry out a brief comparison between negotiation in the Chilean and English legal systems, as a means of preventive control of unfair contractual terms, carried out by the main consumer rights protection agencies from both countries. In order to accomplish the aforementioned goal, the subject has been analysed according to the method of comparative law. Meaning, by means of specific comparative considerations concerning the regulation and application of preventive control via negotiation of unfair terms in each of the selected systems, it is determined which one of them has solved the problem better. From that analysis, it is concluded that the English model of control via negotiation has worked well and the Chilean legal system can learn lessons from it.


Comparative Law unfair terms preventive control negotiation consumer law English law