Legal Literature

  • Legal Literature Details
    • Member State: Netherlands
    • Title: Ex officio use of section 6:233 of the Dutch Civil Code (unreasonably onerous clauses) according to Supreme Court 13 September 2013
    • Subtitle:
    • Type: article
    • URL:
    • Author: HARTKAMP, A.S.
    • Reference: RvdW 2013/1060 (Heesakkers/Voets), WPNR 2013 (6996)
    • Publication Year: 2013
    • Keywords: consumer rights, national law, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 6, 1.
  • Headnote
    The article discusses a decision by the Dutch Supreme Court on the ex officio testing of unreasonably onerous clauses. It focuses on the determination of what provision in Dutch law provides for this norm, as well as whether this norm is one of public order. These questions are relevant under Dutch law for determining whether the clause is null or subject to annulment.
  • General Note
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