APPEAL: 4826/2002 - Resolution: 41 863 - SECRETARY: SPECIAL
In Santiago, April 15 two thousand four.
SEEN: Plays the sentence on appeal on this first day of August two thousand and two, that rola from folios 78-91, except the preamble to 40th January, they are deleted. And it is in place and also this: First, that under Article 2 of Law No. 19,496, on consumer protection, are subject to the provisions of legal acts, that in accordance with the provisions in the Commercial Code or other provisions laws, having the character of business for the supplier and consumer of civilians. And again, according to Article 50 of the Act, the court has jurisdiction of local police to learn of the actions leading the implementation of the Act. Second: That the species, the legal acts of the defendant have no commercial character. Indeed, under Article 2 of the Commercial Code, commercial law is exceptional. While Article 3 of the Code, does not provide an exhaustive list of acts of trade, to be such there must be a rule of law so provides, or it comes off by being a act accessory to a commercial transaction, with the general rule that the civil ceremony. And it is not established at trial that the defendant in this case, has taken a trade. Third: That pursuant to the terms of the statement of claim and defense, the defendant, Valcasa Housing Services Ltd., provides advisory services and intermediation in the sale of property, and the plaintiff appealed to this company just to get an advice and brokerage of real estate. That such acts can not be considered commercial. That, in cars can not be understood that there has been no commission or trade mandate or acts performed are accessories to an act of commerce. Which otherwise traditionally national doctrine has tended to consider that real estate is excluded from the commercial, that is, acts that fall on them are not commercial acts, unless legal exceptions. Consequently, it can not be invoked to apply the legal status. Fourth: That as a consequence, the Local Police Judge absolutely no jurisdiction over this matter. In light of the foregoing, and in accordance with the provisions of Articles 1, 2 º and 50 º of Law N º 19,496 on protection of consumer rights, 2 and 3 of the Commercial Code and 209 of the Code of Civil Procedure, SE REPEALS all parts of the appealed decision dated August first, two thousand two, that rola from folios 78 to 91 that receives the complaint and the civil infraction, with costs, and instead stated that the Court a quo is absolutely no jurisdiction over this matter. Drafted by Attorney integral role Mrs. Paulina Veloso Valenzuela 2002 .- No. 4826 Delivered by the Fourth Chamber of the Iltma. Court, composed of the Ministers, Mr. Jaime Rodriguez, Victor Montiglio and Integrative lawyer, Mrs. Paulina Veloso .-
0 comments:
Post a Comment