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:
  • Directive Articles
    Unfair Contract Terms Directive, link
  • Headnote
    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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