Doctrină

Unfair Contract Terms Directive, Article 3

This study aims to analyse the contract of adhesion in relation to the standards of a "complete", "efficient" and "transparent" contract. The study aims to identify and explain the similarities and differences between the traditional model of understanding the contract and the standardised contracting process in contemporary economies, based on adherence to a "transactional package" consisting of the good or service purchased and the set of terms governing this operation. Understanding the standard contract implies accepting the structural and functional asymmetry of the contractual relationship. The content of the standard contract is not only non-negotiable, but also different from that which would have resulted if that contract had been the product of negotiations between the parties and, moreover, practically unknown to the adherent party. The adherent expresses an "informed" consent only to a selection of relevant information, and the author of the text is held to make this selection.