Legal Literature

  • Legal Literature Details
    • Member State: Austria
    • Title: Regarding the delineation of general terms and conditions and negotiated contracts
    • Subtitle: Remarks on the Austrian Supreme Court decision of 16 October 2013, 7 Ob 154/13t
    • Type: article
    • URL:
    • Author: KELLNER, M.
    • Reference: ÖBA 2015, 475
    • Publication Year: 2015
    • Keywords: B2B, case law, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, Article 2, (a) Unfair Contract Terms Directive, Article 3, 1.
  • Headnote
    In a recent decision, the Austrian Supreme Court applied the law on unfair contract terms to loan agreements for a credit amount of a couple of million Euros. The article discusses what led the courts to apply a stringent test of reasonableness, originally designed solely for general terms and conditions, to essentially all contracts. At first the author provides a brief overview of the legislative process, the definition of general terms and conditions and the decision in question. Following this, the author presents his personal view in this matter.
  • General Note
    The abstract of this article is also available in English.
  • Related Cases

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