Análisis dogmático del derecho del consumidor frente al retracto y la reversión del pago en las compras online

Abstract

Consumer rights have had to advance along with the new information technologies, which has happened not only in the international arena but has also developed vertiginously at a national level. States have not only had to regulate trade relations between physical subjects, but have seen the urgent need to regulate relationships between virtual subjects, this due to a new way of trading that began at the end of the last century almost at the time of the appearance of the internet, when electronic commerce is born, better known as e-commerce (because of its meaning in English). In the case of Colombia, long before purchases were regulated by nontraditional means or by distance in article 46 of Law 1480 of 2011 "Consumer Statute", the Constitutional Court in Judgment C-1141 of 2000, had already warned that the consumer's right has a polyhedral character, because it incorporates situations of a substantial order, in which the quality of the goods and / or services and the information provided are involved; procedural order, which incorporates the guarantees, damages, actions, among others; and finally of participatory order, because the action is developed before the public administration and the regulatory bodies of these actions, and where these elements are concentrated, this relationship converts the consumer's right into a tripartite relationship between the State, the Market and the Consumer, which must be fair, transparent and efficient for the benefit of the citizen and the economy of the country, which is why the right of withdrawal and the subsequent reversion of payment are immersed in consumer protection.