Essay of burden of proof for breach of contract in the law on the protection of consumer rights

Abstract

Law Nº 19,496 does not contain a regulation that distributes the burden of the proof, in spite of qualifying as abusive –in the adhesion contracts– the clauses that invert it in detriment of the consumer. In this essay a specific proposal regarding the burden of proof of the breach of contract will be formulated, in the subject of legal warranty of products and services, in accordance with the principles which inspire the consumer legislation.