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Member State:
Italy
Title:
Considerations on the implementation, in Europe, of the Directove 93/13 / EEC on unfair terms in contracts concluded with consumers
Subtitle:
Type:
article
URL:
http://www.quotidianogiuridico.it/documents/2016/05/19/considerazioni-concernente-le-clausole-abusive-nei-contratti-stipulati-con-i-consumatori
Author:
ZACCARIA A.
Reference:
Studium iuris, n. 2/2016
Publication Year:
2016
Keywords:
unfair terms
Directive Articles
Unfair Contract Terms Directive,
Article 6, 1.
Unfair Contract Terms Directive,
Article 6, 2.
Headnote
In order to to protect consumers, the Directive 93/13 / EEC has set a control system of unfair clauses able determine, to the detriment of consumers, a significant imbalance in the parties' rights and obligations under the contract. The transposition of the EU legislation in local laws has determined the implementation of widely disparate systems of protection and under Italian legislation it has led to the creation of a new category of invalidity, the so-called "invalidity for protection", whose characteristics are analyzed in this article in its relations with the traditional category of nullity and voidability.
General Note
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