LA PUBLICIDAD ERRÓNEA: ¿UN PROBLEMA DE EXCUSABILIDAD DEL PROVEEDOR O DE RECOGNOSCIBILIDAD DEL CONSUMIDOR?

Abstract

The purpose of this work is to address what some of the judgments of our courts have come to call erroneous advertising in order to determinate whether, in fact, we are facing a new advertising category or, on the contrary, it constitutes the negative face of advertising misleading. The method used has been to review the judgments of the Santiago Courts of Appeal that have alluded to it between the years 2015 to 2018, critically analyzing them, based on excusability of the supplier’s error and its recognoscibility by the consumer, nothing that we are not faced with a kind of advertising other than misleading and that the use of it is unnecessary, a matter that affects The scope of Law 19.496 on the Protection of Consumer Rights, since there being a supplier error, recognized by the supplier there is no trust to protect, so civil law must to returned to.