The General Law 26/1984, of July 19, for the Defense of the Consumers and Users entrusted the Government in its Article 31 the establishment of an Arbitration system that, without special formalities, would attend and solve with binding and executive character for both parts the complaints or claims from the consumers or users, excluding cases of intoxication, wound or death and for which there is not serious index of offence.
To choose a system of arbitration like a way for resolving the conflicts of the consumers, was an innovating decision compared to the tradition which the arbitration in our country had. This System consists of a voluntary extra-judicial process, because it goes back from there to an Arbitration Board for the resolution of a conflict, and is as effective as a legal Sentence. Until then the only way was the judicial one, but its disadvantages discouraged the majority of the consumers, and the conflict remained irresolute. It is necessary not to forget that in the conflicts of consumption contribute a series of very special connotations ; an imbalance between the parts and contracts which engage relatively low amounts. To provide the consumers a solid position giving them rights and possibilities of actions, is useless so thereafter they do not have the adequate means of putting forward them. In 1986 the "pilot experience" of the arbitration of consumption is developed, before its "general introduction and its legal regulation", to thus know the real needs for its operation and to evaluate its acceptance among the consumers and the contractors or tradesmen In 1993 the Royal Decree 636/93 of May 3 is approved. It regulates the Arbitration System of Consumption, by establishing the form of constitution of the Courts Arbitration of Consumption and by developing the procedure to be followed. The Law of Arbitration, of December 23, 2003 applies suppletory since March 26, 2004, after the abrogation of the Law Arbitration of 1988. The characteristics of this System are: - RAPIDITY, because it is proceeded in a short lapse of time. Maximum 4 months since the Arbitration College is designated.
- EFFICIENCY, because it solves the cases without needing to resort to the ordinary legal way and because there is no maximum or minimal limit of the claimed quantity.
- FREE ACCEPTANCE, because both parts surrender freely to the System to remain linked to the resolutions.
- EXECUTION, because the arbitrations - arbitration resolutions - are of obligatory execution, as if it was a legal sentence.
- ECONOMY, because it is free for both parts ; They have to pay only in some cases the recourse to expertises.
Ultimately, the Arbitration System of Consumption makes it possible the two parts to solve the conflicts without expenses and needing to resort to the Courts of Justice. |