Abstract

ECHEVERRI SALAZAR, Verónica María. Control to Abusive Clauses in Adhesion Contracts with Consumers. Opin. jurid. [online]. 2011, vol.10, n.20, pp.125-144. ISSN 1692-2530.

An abusive clause is that involving a violation of the good faith principle, since it involves a significant unjust liability concerning obligations and benefits the parties are bound to. The State should control the implementation of this kind of clauses by starting an intervention to the private will autonomy of contactors; for this reason the scope of such control has been discussed worldwide. Despite the discussions, it is clear that control (which can be legislative, administrative or judicial control) becomes effective when an adhesion contract is executed with a consumer. The judicial control on this kind of clauses can be executed by declaring inexistence, inefficiency, and total or relative nullity of abusive clauses.

Keywords : abusive clauses; contracts with consumers; adhesion contracts.

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