Abstract

This paper analyzes the expected diligence on the part of the financial consumer in the Chilean legal system, noting that its usual formulation almost exclusively arises from the position in which she is left once the information duties of the provider have been fulfilled. However, we believe that the said approach does not consider the expected behavior of the financial provider, who, in light of its duty of professionalism, is in a better position to apply preventive tools to avoid the debtor from facing the over-indebtedness dilemma.