The binding effect of commercial advertising in contracting with the right of consumers in Nicaragua

Abstract

The research paper analyzes the background of the European Community Law regarding the protection for consumers and deepens on the issue of advertisement binding in the offer made by the entrepreneur and its integration into the contract, first in the Spanish Law, with its legislative and case law background, and then in the Nicaraguan Law, particularly, within the Regulations in force related to legal protection for consumers. The truthfulness principle of the commercial advertising developed by entrepreneurs and professionals is studied. It is also analyzed the scope of civil liability of the supplier, in a wider sense, the manufacturer, the importer, or the business person, in other words, entrepreneur or professional, consequent with his duty to make an offer based on the truthfulness principle. The civil liability binding the liable, entrepreneur or professional, for not complying with his responsibility to do an advertising based on truthfulness includes not only contractual responsibility with the consumer who has celebrated the contract, but also the non – contractual responsibility with the consumers who has not celebrated a contract yet, but has been affected by the false advertising. The paper also makes an approach to the advertisement binding in the Nicaragua Civil Code, it is reviewed the contractual promise, as one of its derived and other classical precepts, such as malice, good faith, and doctrine of proper actions, starting always from the optic of legal protection for consumers either with the coded regulations or the emerging special regulations.

DOI: http://dx.doi.org/10.5377/derecho.v0i15.1027

Revista de Derecho No.15 2011 pp.9-44