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Nepoštena klauzula u potrošačkim ugovorima

Authors
Publisher
Faculty of law University of Split; [email protected]
Publication Date
Keywords
  • Zaštita Potrošača
  • Smjernica
  • Zakon O Zaštiti Potrošača
  • Nepoštena Ugovorna Odredba
  • Načelo Savjesnosti I Poštenja
  • Consumer Protection
  • Directive
  • Law On Consumer Protection
  • Unfair Contractual Provisions
  • Principle Of Conscience And Fairness

Abstract

In this paper, Directive 93/13//EEC is discussed regarding the unfair provisions in consumer contracts and related provisions of the Law on Consumer Protection, the basic aim of which is to strengthen the position and protection of consumers upon entering contracts which contain unfair clauses which are not individually negotiated. This Directive and the Law on Consumer Protection cite an abstract and general clause which emphasises three criteria which must be cumulativelv fulfilled in order for the regulation to be classified as unfair. They are; a contractual clause which has not been individuallv negotiated, contrariness to the principle of conscience and fairness and a considerable imbalance in negotiating positions. Its shortcoming is that the individual criteria are not defined, but rather left to national courts to independentlv assess each clause taking into account the facts of the actual čaše. Therefore, this paper offers a study of European and American court practice as a possible guide in the interpretation of certain criteria.

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