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Legal Literature

Legal Literature Details
Member State Greece
Title General Terms of Transactions
Subtitle Ατομική και συλλογική προστασία των καταναλωτών από την έλλειψη ουσιαστικής διαπραγμάτευσης των όρων της σύμβασης
Type book
Author DELIOS, G.
Publication Year 2013
Keywords consumer, good faith, harmonisation, national law, transparency

Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 6, 1.

This book elaborates on the specific issue of the individual and the collective protection of consumers against the lack of a meaningful negotiation of the pre-formulated standard contractual clauses (General Terms of Transactions). The first part of the book refers to how the Directive 1993/13/EEC was implemented in Greece. The second part of the book refers to the distinction between individual and collective protection against abusive pre-defined standard terms as well as to the subjective and objective scope of the provisions laid down in article 2 of law 2251/1994 (that implemented the above Directive). It also analyses the principle of transparency of the terms as an important element to assess the validity of these terms. Further it examines the way that those terms should be properly integrated in a contract. The author elaborates also on their validity based on their proper interpretation and the accuracy of their content and it discusses about the legal consequences in case a general standard term is considered as abusive. In addition, the book talks about private and procedural international law issues that play an important role to the assessment of the lawfulness of the General Terms of Transactions. Finally, the third part of the book refers to the progress of case-law by focusing in the interpretation of the provisions of Directive 93/13 by the ECJ and by analyzing in particular the general terms included in banking consumer contracts, private insurance contracts and mobile phone contracts.

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