Regulation of Unfair Contract Terms in Central and Eastern European Countries
The paper summarizes results of a comparison of unfair clause legislation in the Central and Eastern European countries. In the introductory part, the development of the regulation of unfair terms, the sources of inspiration as well as the different approaches in traditional civil law countries are...
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| Format: | Article |
| Language: | ces |
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Trnava University, Faculty of Law
2023-06-01
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| Series: | Societas et Iurisprudentia |
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| Online Access: | http://sei.iuridica.truni.sk/archive/2023/02/SEI-2023-02-Studies-Hulmak-Milan.pdf |
| _version_ | 1797674764863537152 |
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| author | Milan Hulmák |
| author_facet | Milan Hulmák |
| author_sort | Milan Hulmák |
| collection | DOAJ |
| description | The paper summarizes results of a comparison of unfair clause legislation in the Central and Eastern European countries. In the introductory part, the development of the regulation of unfair terms, the sources of inspiration as well as the different approaches in traditional civil law countries are described. Subsequently, the regulations in the Czech Republic, Slovakia, Hungary, Poland, Romania, Slovenia, Serbia and Croatia are compared. The contemporary regulation is based on the minimum standards of the Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts. Nevertheless, the scope of protection varies in its effects in particular states (e.g. scope of applicability, nature and number of prohibited clauses). The increasing importance of public authority in enforcement is evident. In the countries compared, protection against unfair terms is not limited only to consumer contracts, but it applies in different extent to some others as well. |
| first_indexed | 2024-03-11T22:03:49Z |
| format | Article |
| id | doaj.art-6ddee7f9f5cc473285fa7864e7aa13e4 |
| institution | Directory Open Access Journal |
| issn | 1339-5467 |
| language | ces |
| last_indexed | 2024-03-11T22:03:49Z |
| publishDate | 2023-06-01 |
| publisher | Trnava University, Faculty of Law |
| record_format | Article |
| series | Societas et Iurisprudentia |
| spelling | doaj.art-6ddee7f9f5cc473285fa7864e7aa13e42023-09-25T09:34:11ZcesTrnava University, Faculty of LawSocietas et Iurisprudentia1339-54672023-06-01112214210.31262/1339-5467/2023/11/2/21-42Regulation of Unfair Contract Terms in Central and Eastern European CountriesMilan Hulmák0https://orcid.org/0000-0002-6361-1162Palacký University in Olomouc, Olomouc, Czech RepublicThe paper summarizes results of a comparison of unfair clause legislation in the Central and Eastern European countries. In the introductory part, the development of the regulation of unfair terms, the sources of inspiration as well as the different approaches in traditional civil law countries are described. Subsequently, the regulations in the Czech Republic, Slovakia, Hungary, Poland, Romania, Slovenia, Serbia and Croatia are compared. The contemporary regulation is based on the minimum standards of the Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts. Nevertheless, the scope of protection varies in its effects in particular states (e.g. scope of applicability, nature and number of prohibited clauses). The increasing importance of public authority in enforcement is evident. In the countries compared, protection against unfair terms is not limited only to consumer contracts, but it applies in different extent to some others as well.http://sei.iuridica.truni.sk/archive/2023/02/SEI-2023-02-Studies-Hulmak-Milan.pdfprivate lawcontract lawconsumerconsumer contractsunfair termsstandard termscentral and eastern europe |
| spellingShingle | Milan Hulmák Regulation of Unfair Contract Terms in Central and Eastern European Countries Societas et Iurisprudentia private law contract law consumer consumer contracts unfair terms standard terms central and eastern europe |
| title | Regulation of Unfair Contract Terms in Central and Eastern European Countries |
| title_full | Regulation of Unfair Contract Terms in Central and Eastern European Countries |
| title_fullStr | Regulation of Unfair Contract Terms in Central and Eastern European Countries |
| title_full_unstemmed | Regulation of Unfair Contract Terms in Central and Eastern European Countries |
| title_short | Regulation of Unfair Contract Terms in Central and Eastern European Countries |
| title_sort | regulation of unfair contract terms in central and eastern european countries |
| topic | private law contract law consumer consumer contracts unfair terms standard terms central and eastern europe |
| url | http://sei.iuridica.truni.sk/archive/2023/02/SEI-2023-02-Studies-Hulmak-Milan.pdf |
| work_keys_str_mv | AT milanhulmak regulationofunfaircontracttermsincentralandeasterneuropeancountries |