Right to Information and the Consumer Relation. Rule of Interpretation of the Glaring Error in the Fixation of Public Price

Abstract

The right to information in contracts with consumers acquires relevance because the consumer’s decision depends on it, but also because the specifications related to the product are binding on the entrepreneur; the foregoing, considering the asymmetries implied in the consumption relationship for the final consumer. However, subjective rights are not absolute, and the right to information in favor of the consumer must be interpreted in accordance with constitutional principles, establishing a rule of interpretation for the judge, if there is a public price that contains an appreciable glaring error, even for an average consumer, rule that constitutes an exception to the norms of the Consumer Statute and to the principle in dubio pro consummatore. These must be interpreted in accordance with constitutional prin-ciples of good faith, solidarity, and prohibition of the abuse of consumer rights against the entrepreneur, which relieves it to support the public information of the price of a product that contains an obvious or derisory error. Such aspect stresses the protective norm of the rights of consumers against entrepreneurs, as it is interpreted in accordance with the constitutional principles that radiate the legal order.