期刊名称:Revista de Derecho, Comunicaciones y Nuevas Tecnologías
电子版ISSN:1909-7786
出版年度:2016
期号:2016-01/06
DOI:10.15425/redecom.15.2016.05
出版社:Universidad de los Andes
摘要:Article 19 of Colombian Law 1480 of 2011 introduces the administrative duty of information by the producers, dealers or marketers who know the defect of one of its products in order to protect the rights of the Colombian users. However, the newest rule in Colombia it is not clear at all. The regulation announces hard riddles to solve: What to report to the administration? What are the corrective measures to have to be taken by the producers, dealers or marketers when find a defect in their products? How article 19 it is related to product liability? Which are the penalties for non-compliance? Those, essentially, are the problems that this paper is focused on. Further, with that goal, this document suggests ideas for the regulation of article 19 and clarify the impact of the rule on product liability and the role of the administration in this scenario.
关键词:Good faith; duty of information; duty to avoid damage; duty to mitigate the damage; product recall; product liability; Colombian Law 1480 of 2011