The inadequate regulatory regulation of abusive clauses in Peru

Abstract

The human person, among other attributes regulated by civil law, is also, naturally, a consumer, therefore, it is the duty of the State and society to protect their rights in the consumer sphere of the person. This article presents the current descriptive panorama of the double regulatory regulation of abusive clauses in the Peruvian Code of Consumer Protection and Defense and in the Peruvian Civil Code, which faces various legal problems such as the impact of the principle and fundamental right to the freedom to contract recognized in the current Political Constitution of the Republic of Peru, as well as the creation of blank legal figures such as absolute and relative ineffectiveness, non-application and unenforceability.