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Legal Literature

Legal Literature Details
Member State Greece
Title Consumer protection Law
Subtitle
Type monograph
URL
Author KARAKOSTAS, I.
Reference Athens: Nomiki Bibliothiki
Publication Year 2012
Keywords case law, judicial review, standard contract, terms and conditions, transparency

Unfair Contract Terms Directive, link

This monograph includes a per article interpretation of the law 2251/1994 (consumer protection law). In chapter two, article 2 of the aforementioned law is analyzed (that implemented Directive 93/13/EEC). The author elaborates on the pre-formulated standard clauses for future contracts (General Terms of Transactions) and provides an analysis of these clauses in the light of the principle of freedom of contracts that is however restricted for pre-formulated standard clauses by the specific provisions set in the above law (regarding abusiveness, transparency etc). In addition, the author focuses in the concept and the scope of application of the General Terms of Transactions in an agreement (including their nature and their purpose of a future uniform use) as well as in the criteria related to the assessment of abusiveness. Moreover, a detailed reference is made to the judicial review of the General Terms of Transactions. Finally the application of the abusive assessment principles in the banking contracts is examined with an emphasis in the case study of specific abusive banking general terms.

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