Functions and importance of incorporation control, with special mention to the contracting of financial products and financial services

Abstract

The present paper examines the control of incorporation of individually non-negotiated clauses, highlighting the special importance that it acquires in the field of contracting financial products and services. For these means, the mentioned control is framed in the pre-contractual information regulations, postulating that it fulfills a transparency function, both on the occasion of the formation of the consent, and on the occasion of the execution of the contract. Additionally, it is analyzed the importance of that said control, in the light of the Law Nº 19,496, which Establishes Rules for Protection of Consumer Rights (LPDC), through the distinction between charges of cognizability, understandability and predictability.