Doctrină

Unfair Contract Terms Directive, Article 3

The clauses are stipulations, the result of the concordant wills of the parties, contained in a contract (validly concluded). In relation to the wills of the parties or the law, we distinguish between: negotiated contracts, accession contracts and binding contracts. These often include “negotiated clauses”, “standard clauses” or even “abusive clauses”. The study briefly analyses the contractual clauses and their distinct legal regime, on two levels: - contractual clauses in the provisions of the Civil Code (essential and secondary clauses; extrinsic and intrinsic clauses, negotiated and imposed clauses), and - unfair terms in consumer law (notion and elements of unfair terms; scope; sanction and proof of unfair terms). The paper is structured in three sections: “Content of the contract: contractual clauses”, “Contractual clauses in the provisions of the Civil Code” and “Abusive clauses ‒ specific to consumer law”.