Se suspenden los plazos de ejercicio de las garantías legales y contractuales previstas en la LDC durante el ASPO
Author | Leandro M. Castelli,Alejo Martín Gascón |
Published date | 07 October 2020 |
Date | 07 October 2020 |
Law Firm | Marval O'Farrell Mairal |
La Secretaría de Comercio Interior, dependiente del Ministerio de Desarrollo Productivo, dictó la Resolución N° 244/2020, mediante la cual suspendió los plazos para el ejercicio de las garantías reguladas por la Ley N° 24240 de Defensa del Consumidor (LDC) para el caso de que los consumidores no hayan podido hacer valer sus derechos en virtud del aislamiento social, preventivo y obligatorio (ASPO) dictado el 19 de marzo de 2020 y prorrogado en forma sucesiva hasta la actualidad.
La medida alcanza a todas las garantías legales y contractuales de las cosas muebles no consumibles y de las relativas a las deficiencias en la prestación de servicios de la LDC. Esta, incluso, tiene efectos retroactivos. Recordemos que para el caso de los productos nuevos la garantía legal es de 6 meses, mientras que para productos usados es de 3 meses; ambos plazos rigen a partir de la entrega de la cosa y es posible convenir un plazo mayor. Si bien la LDC ya considera la prolongación del plazo de garantía por distintos supuestos para los servicios y los productos, parecería que el universo de supuestos de la Resolución es mayor, ya que alude a las garantías contractuales y legales en términos genéricos.
Asimismo, establece que los proveedores de bienes y servicios deberán difundir la medida a todos los...
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