Legal Literature

Unfair Contract Terms Directive, link

The article mainly describes German and Austrian consumer protection systems regarding the transparency requirement in individual and collective proceedings. Based on findings in other systems, useful advice for Estonian legal system is provided. Firstly, the definition and the nature of the transparency requirement, as well as the difference between the transparency requirement and the surprising condition, are explained. Afterwards, it is discussed, whether the transparency condition forms part of an involvement test or a content test. As a result of the analysis provided in the article, it is concluded that the transparency requirement is related to formal as well as substantial aspects of the general terms and conditions of a contract. Additionally, it was inferred that there are no legal consequences regulated in the Council directive 93/13/EEC as regards the transparency requirement.