Abstract

ACOSTA-RODRIGUEZ, JOAQUÍN  and  JIMENEZ-VALDERRAMA, FERNANDO. ELEMENTS OF EUROPEAN LAW FOR CHARACTERIZING ABUSIVE CONTRACTUAL CLAUSES. Díkaion [online]. 2015, vol.24, n.1, pp.12-35. ISSN 0120-8942.  https://doi.org/10.5294/DIKA.2015.24.1.2.

There are several instruments in contract law to prohibit abusive contractual clauses. These instruments come from the European Union law doctrine on "abuse of rights" and, more recently, the doctrine on abusive contractual clauses. European Union law (Council Directive 93/13 / ECC of 5 April 1993 on abusive clauses in consumer contracts) allows for the harmonization of national legislation on this issue. Good faith, significant imbalance between the parties, detriment to the consumer, harm to the consumer's economic interests, and economic balance in the contract are some of the terms used to describe when a clause is unfair and should be prohibited.

Keywords : Unfair clauses; consumer protection in the European Union; contractual good faith; economic imbalance; contracts; prohibited clauses.

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