The favor debilis as a general principle of private international law. Its particular application to cross-border consumer relations

Abstract

Favor debilis is a principle of application to all types of legal relations, informing them and serving of interpretative guideline. Together with the traditional applications in labor relations, criminal law, protection of the consumer or of children, it could be convenient to analyze its general operability in Private International Law. Its consideration will have impact on the allocation of jurisdiction in the determination of the applicable law and califications either in a case or the need to establish a framework grounded for a category of subjects. The regulation of cross-border consumer relations should be based on this principle and legal operators should take it into account to solve different situations, such as the drafting or interpretation of contracts.
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J. Schötz, G. (2014). The favor debilis as a general principle of private international law. Its particular application to cross-border consumer relations. AIS: Ars Iuris Salmanticensis, 1(2), 115–150. Retrieved from https://revistas.usal.es/cuatro/index.php/ais/article/view/11513

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Author Biography

Gustavo J. Schötz

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Universidad Austral
Av. Juan de Garay 125. Buenos Aires, (Argentina) C1063ABB
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