Elements of European law for characterizing abusive contractual clauses
Keywords:
Unfair clauses, consumer protection in the European Union, contractual good faith, economic imbalance, contracts, prohibited clauses.Abstract
There are several instruments in contract law to prohibit abusive contractual clauses. These instruments come from the European Union law doctrine on "abuse of rights" and, more recently, the doctrine on abusive contractual clauses. European Union law (Council Directive 93/13 / ECC of 5 April 1993 on abusive clauses in consumer contracts) allows for the harmonization of national legislation on this issue. Good faith, significant imbalance between the parties, detriment to the consumer, harm to the consumer's economic interests, and economic balance in the contract are some of the terms used to describe when a clause is unfair and should be prohibited.Downloads
Download data is not yet available.
Published
2015-11-20
How to Cite
Acosta-Rodríguez, J., & Jiménez-Valderrama, F. (2015). Elements of European law for characterizing abusive contractual clauses. Díkaion, 24(1). Retrieved from https://dikaion.unisabana.edu.co/index.php/dikaion/article/view/5864
Issue
Section
Articles
License
1. Proposed Policy for Journals That Offer Open Access
Authors who publish with this journal agree to the following terms:
This journal and its papers are published with the Creative Commons License Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0). You are free to share copy and redistribute the material in any medium or format if you: give appropriate credit, provide a link to the license, and indicate if changes were made; don’t use our material for commercial purposes; don’t remix, transform, or build upon the material.