Nulidad de cláusulas abusivas en reservas, promesas de compraventa y compraventas suscritas por consumidores de viviendas comercializadas en verde

Abstract

This work analyzes the sentence handed down in Sernac against Socovesa S.A., and another (2020) that pronounces on a claim derived for the defense of the collective interest of consumers by virtue of the special procedure established in article 53 of Title IV of the LPDC. The action is based on the different abusive clauses that the defendants maintain in the adhesion contracts that they usually enter into with consumers during the process of buying a house using the so-called green modality; These are the reserve for the home purchase operation, the contract of the promise of sale and the contract of sale with a mutual mortgage. The study focuses specifically on the claims related to the declaration of nullity of certain clauses that were rejected in the judgment of the first instance that was confirmed by the Court of Appeals of Santiago. Consequently, it reflects on the nature of reservations as an adhesion contract, on the interpretation of article 138 bis of the LGUC in the light of consumer rights and also, on the object of the clauses of accordance.