Bibliographic citations
Huarcaya, E., (2015). Propuesta legislativa para una tutela efectiva del consumidor financiero dentro del marco de protección y defensa del consumidor. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/188
Huarcaya, E., Propuesta legislativa para una tutela efectiva del consumidor financiero dentro del marco de protección y defensa del consumidor. [Tesis]. : Universidad Andina del Cusco; 2015. https://hdl.handle.net/20.500.12557/188
@misc{sunedu/3042713,
title = "Propuesta legislativa para una tutela efectiva del consumidor financiero dentro del marco de protección y defensa del consumidor.",
author = "Huarcaya Portilla, Edith Griselda",
publisher = "Universidad Andina del Cusco",
year = "2015"
}
This research study, part of the current social situation that involves all consumers who go to financial institutions to request the provision of a service or product, and dissatisfied by the inadequacy of financial product or service either failure to return the money, illegal charges, unauthorized or excess, among many others, decided to present a claim to the competent authorities in the search for effective care. The financial system is constituted by a number of operations derived from the relationship between consumers and banks or financial institutions, unlike the purchase of another product or service, his legal relations are not confined to a single transaction, requiring tracking of a contractual constant; for its part, the language in their contracts to be more specialized, consumer increases the risk of seeing violated his rights against the supplier. Proof of this are the constant complaints directed against the financial sector, with economic activity in recent years and currently, in repeatedly, tops the list with more complaints and claims against it, regarding the multiple range of financial products to supply the market, and that much of the population as financial consumers purchase. As a counterweight to the bargaining and information asymmetry present in relationships, and in order to protect the financial consumer of technical and informational vulnerability to which he is exposed, in compliance with the framework for protection and consumer protection established INDECOPI provides consumer financial authorities seeking to enforce their claims and resolve them, however, they are denoted in insufficient, given the complexity that comes with the provision of the financial services sector. This research aims, through observation and analysis, present a legislative proposal to grant a higher effective financial consumer protection through the implementation of a specialized dispute resolution that affect financial consumers organ. The first chapter of our thesis refers to the problem of study and discusses the methodology at work. In the second chapter we deal with the financial system, its operation, the bodies responsible for its regulation and the current picture presented the financial system on a national level. In the third chapter, we deal with the issue of the peruvian financial consumer profile, private entity advocate and make emphasis on the proportion of financial sector claims against other economic sectors. In Chapter IV we make a historical review of the various regulatory frameworks that have governed consumer protection, development and subsequent specialization, which exerts actual influence on financial consumer protection. Finally, the result of analysis to the preceding chapters, Chapter V presents the arguments supporting effective financial consumer protection through the proposed implementation of a specialized body in resolving disputes arise.
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