State & Consumer Protection Laws: A Guide
State Property
Public Property
For use by all individuals, subject to laws and local ordinances. These properties cannot be seized, acquired by prescription, or alienated unless legally disaffected.
- Seas adjacent to the Republic’s territory (up to one marine league from the lowest tide line)
- Sea beaches and riverbanks (land bathed by waters during high tides or floods)
- Navigable lakes and their beds
- Islands formed in territorial waters or rivers, lakes, and waterways (if not privately owned)
- Streets, squares, roads, canals, bridges, and other public works
- Official state documents
- Archaeological and paleontological sites of scientific interest
Private Property
Owned and used exclusively by the state.
- Land within the Republic without other owners
- Mines of gold, silver, copper, precious stones, and fossil substances (excluding surface rights of corporations and individuals)
- Vacant properties and estates of those who die without heirs (as per the Civil Code)
- Walls, fortifications, bridges, railways, and state constructions
- Boats, fragments, and cargo from enemy or pirate vessels found on the coasts
Consumer Defence Law
Definitions:
- Consumer/User: Any person (natural or legal) acquiring or using goods/services for personal, family, or social gain. Includes timeshares, clubs, cemeteries, etc. Also, those exposed to a consumer relationship.
- Provider: Any entity (public or private) professionally involved in producing, assembling, creating, constructing, processing, importing, distributing, and marketing goods/services to consumers. Excludes liberal professionals requiring university degrees and registration (except for advertising complaints).
- Offer: Made to potential customers, containing start/end dates, terms, and conditions. Revocation is effective upon similar public dissemination. Non-effectuation is considered an unjustified sales restriction (penalties apply).
Consumer Rights:
- Breach of Offer/Contract: a) Demand fulfillment; b) Accept equivalent product/service; c) Rescind the contract with a refund.
- Legal Guarantee (Movable Property): 3 months (used) or 6 months (new). Parties may agree on a longer period.
Sales Types:
- Home/Direct Sale: Outside the provider’s facility or resulting from a call with a purpose other than contracting or involving prizes/gifts.
- Mail Order: Proposal and response via postal, telecommunications, or electronic means.
Credit Sales Requirements:
- Description of goods/services
- Cash price (for credit transactions)
- Initial payment and financed amount
- Effective annual interest rate
- Total interest/financial cost
- Repayment system
- Payment amounts and schedule
- Additional expenses/insurance
Unfair Contract Terms:
- Altering obligations or limiting liability for damages
- Waiving/restricting consumer rights or expanding provider rights
- Reversing the burden of proof against consumers
Enforcement & Penalties:
- Authority: Ministry of Internal Trade (Ministry of Economy and Production)
- Penalties: a) Warning; b) Fine ($100-$5,000,000); c) Forfeiture of goods; d) Establishment closure (up to 30 days); e) Suspension from state contracts (up to 5 years); f) Loss of concessions, privileges, tax regimes, or special credits.