Abstract

The purpose of this paper is to address the hyper vulnerable consumer as a weak party in Chilean law from a theoretical and legal perspective. For this purpose, the author examines the laws and regulations that directly or indirectly address this situation, for later formulating a taxonomy of this weakness in our legal system. The taxonomy is elaborated based on criteria shown in comparative regulations and in standards recently incorporated by the National Consumer Service (SERNAC) in the Interpretative Directive on the notion of vulnerable consumer of December 31st, 2021. Likewise, this work gives an account of the legal protection that must be delivered and its scope, supplementing the provision contained in the Directive described above and specifying the areas in which it should be intensified.

Keywords

weak parties hyper vulnerable consumer contractual asymmetries protection of the weak party