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Legal Literature

Legal Literature Details
Member State Belgium
Title Nullity and the "most favourable interpretation": the remedies for unfair contractual terms in consumers contracts in the light of the jurisprudence of the European Court of Justice.
Subtitle
Type article
URL
Author GEIREGAT, S.
Reference TPR 2016, 97-177
Publication Year 2016
Keywords

Unfair Contract Terms Directive, link

This article deals with the consequences of stipulating unfair contract terms, namely the nullity or the interpretation most favourable to the consumer. In this contribution, the author asks the question whether it would be beneficial to work towards a uniform EU sanction (‘erasure’) for unfair terms. Secondly, the author discusses the European Court of Justice's trend to give the transparency requirement stipulated in the Directive a very broad interpretation.

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