FACULTY OF BUSINESS

ACCOUNTING SCHOOL
ACADEMIC REPORT
COURSE: BUSINESS LAW
COURSE NAME: CONSUMER PROTECTION IN PERU
AUTHOR:
GUTIERREZ ROJAS FARID JESUS
TEACHER:
VEGA FARFAN MARIA DEL ROSARIO
Sede - Perú
(2023)

INTRODUCCION :

In recent months, we have witnessed the media debate on the draft Code of
Protection and Defense of the Consumer that, at the initiative of the Presidency of
the Republic, has been discussed and approved by Congress. Those who have
promoted this legislative initiative have used a series of taboos and Myths that
need to be banished. One of the most pernicious, without a doubt, is the idea that
State consumer protection –understood as the direct intervention of the State in
production and consumption activities – is essential. We refer to the idea that
without this type of state protection consumers would find themselves in a state of
defenselessness and

they would be easy targets for abuse. Starting from this mistaken premise, the
project intends to increase, once again, the sanctioning capacity of the authorities,
failing to promote the self-composition of conflicts between providers and
consumers in a competitive environment; are recognized to Indecopi powers to
issue quasi compensatory remedial measures ex officio, disposing of patrimonial
rights of consumers without their consent; and is postulated a series of Indecopi
prerogatives that, far from facilitating coordination between the different instances
of government, worsen the constant contradictions that we appreciate daily in
the action of the state. When self-proclaimed "consumer advocates" criticize that
the authorities only protect those who act with good faith and diligence, and
demand greater interventionism state, they are also asking the state to protect the
opportunistic and careless. they forget say that recognizing benefits and privileges
to the latter harms others, since the The cost that this would represent to the
suppliers will finally end up being reflected in the prices that we pay.

Who is a consumer?

It is the natural or legal person who acquires, uses or enjoys as recipient

final tangible and immaterial products or services, for their own benefit or that of
their

family or social group, thus acting in an area unrelated to a business activity

or professional.

What are the rights of consumers?

Some of the rights of consumers are listed below:

1. Right to receive an appropriate and adequate product or service

There must be a correspondence between what the consumer expects to receive

and what the provider actually provides. For this it is necessary to verify

the publicity and information received, the conditions or circumstances of the

purchase, the characteristics and nature of the product or service, the price,

Inter alia.

2. Right to receive effective protection regarding products and services that

represent a risk or danger to life and health

Products and services must be safe. However, if, under conditions

normal or foreseeable, these represent a risk or danger to life or to

health, consumers must be guaranteed effective protection against these

circumstances.

3. Right to access timely, sufficient and truthful information

The information provided to the consumer must be relevant to

guarantee a good purchase decision that adjusts to the interests of the

consumer, as well as to carry out an adequate use or consumption of the

products or services.

4. Right to protection against abusive commercial methods

Coercive, aggressive or deceptive commercial methods, and abusive collection

methods are not allowed. The information provided to us by the provider should
not mislead us.

5. Right to fair and equitable treatment in any purchase of a product or contracting

of a service

Bibliography

https://repositorio.up.edu.pe/bitstream/handle/11354/186/SumarOscar2011.pdf?
sequence=1&isAllowed=y

ARIÑO ORTIZ, Gaspar

2004 Principles of Economic Public Law. Lima: Oh.

BOBES, Velia Cecilia

2000 “Citizenship”. In: BACA OLAMENDI, Laura and Judit BOKSER-LIWERANT

(Eds.). Lexicon of the

policy. Mexico: Economic Culture Fund.

STEWART, Rigoberto

2005 The magic and mystery of free trade. San Jose: LIL, p. 13.

STUCCHI, Pierino
2008 “Free trade in goods and services”. In: FTA Peru – United States. content
and

application. Lima: UPC.

THORNE, Jamie

2010 “Consumer relations and the essential principles in Consumer Protection and
Defense

– Reflections on a Consumer Code Project”. In: Law & Society Magazine,

31.

VELAZCO SAN PEDRO, Luis Antonio

2005 “European Competition Law”. In: European Competition Law. antitrust

and public interventions. Valladolid: Lex Nova, p. 42-3.

ANNEXES

Consumption experience. The experience that the interviewees have as

consumers

it's superficial. Although they manifest responsible consumption customs such as

prioritizing

quality (79%) before price (18%), reading product labels the first time

who consume them (80%), read the service contracts the first time they purchase
them

(82%) and consult when the information is not clear (46%), knowledge about the

consumer protection system is low.

Knowledge about the protection system. In general, the percentage of consumers

who claims to know the Consumer Protection Law is 45%. It is worth mentioning
that
there is a direct relationship between the socioeconomic level and the level of
knowledge of the

consumer protection system: the higher the socioeconomic level and level of
education,

greater knowledge of the system.

Knowledge and trust in institutions. Indecopi's level of knowledge is

high (73%), topping the list of best-known institutions. It is also mentioned

as the entity that generates more confidence as an institution that defends the
rights of the

consumer: 42% of those who know it trust it.