Abstract

VAZQUEZ PEREZ, Arsul José. Protection of the weacker party as interpretative principle of standard contracts in Cuba. Rev. Derecho Privado [online]. 2014, n.27, pp.155-177. ISSN 0123-4366.

This paper intends to assess the positive and negative aspects of adhering party's protection against dubious or unfair clauses in the Cuban Law; On the basis of the expressions of favor debilis as interpretative principle for the standardized mass contracts. To achieve this purpose, the author has briefly studied the figures of favor debitoris and favor debilis in doctrine and some statutory norms from other countries. Moreover, the most important interpretive criteria are analyzed, which guided by the principle of favor debilis, should apply to cases of unfair terms and ambiguous clauses. Finally, this article evaluates the strengths and weaknesses that the author considers relevantes, according to the current Cuban legal system.

Keywords : Favor debilis; ambiguous clauses; unfair terms.

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