Behavioral approach to unfair terms and conditions in EU consumer law
Rational choice theory is still at the hearth of EU consumer law. In this paper I consider how this theory reflects on the unfair terms control mechanism set by the Unfair Contract Terms Directive. I identify most pressing problems in the field of unfair contract terms using the findings of behavior...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Institute of Comparative Law, Belgrade
2018-01-01
|
| Series: | Strani pravni život |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381804007R.pdf |
| _version_ | 1819327371440816128 |
|---|---|
| author | Radonjić Aleksa |
| author_facet | Radonjić Aleksa |
| author_sort | Radonjić Aleksa |
| collection | DOAJ |
| description | Rational choice theory is still at the hearth of EU consumer law. In this paper I consider how this theory reflects on the unfair terms control mechanism set by the Unfair Contract Terms Directive. I identify most pressing problems in the field of unfair contract terms using the findings of behavioral psychology and behavioral economics. In search for possible solutions to these problems I will consult the relevant literature. Therefore, method I use here is a theoretical application of the behavioral findings. In conclusion I will assess which solutions are feasible and most desirable in a short term period, and which are the most effective but demand certain investments and time to become fully functional. Finally, I will conclude that behavioral approach to the issue of unfair contract terms and conditions is an important addition to the policing of unfair terms and conditions which could lead to the raise of overall quality of terms and conditions which is a significant step beyond the control of unfairness. |
| first_indexed | 2024-12-24T13:09:47Z |
| format | Article |
| id | doaj.art-c8c5e265bc564ef8ada5fd61f3b93242 |
| institution | Directory Open Access Journal |
| issn | 0039-2138 2620-1127 |
| language | English |
| last_indexed | 2024-12-24T13:09:47Z |
| publishDate | 2018-01-01 |
| publisher | Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Strani pravni život |
| spelling | doaj.art-c8c5e265bc564ef8ada5fd61f3b932422022-12-21T16:53:55ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272018-01-01201847240039-21381804007RBehavioral approach to unfair terms and conditions in EU consumer lawRadonjić Aleksa0Union University in Belgrade, Faculty of LawRational choice theory is still at the hearth of EU consumer law. In this paper I consider how this theory reflects on the unfair terms control mechanism set by the Unfair Contract Terms Directive. I identify most pressing problems in the field of unfair contract terms using the findings of behavioral psychology and behavioral economics. In search for possible solutions to these problems I will consult the relevant literature. Therefore, method I use here is a theoretical application of the behavioral findings. In conclusion I will assess which solutions are feasible and most desirable in a short term period, and which are the most effective but demand certain investments and time to become fully functional. Finally, I will conclude that behavioral approach to the issue of unfair contract terms and conditions is an important addition to the policing of unfair terms and conditions which could lead to the raise of overall quality of terms and conditions which is a significant step beyond the control of unfairness.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381804007R.pdfconsumer lawunfair contract termsbehavioral approach |
| spellingShingle | Radonjić Aleksa Behavioral approach to unfair terms and conditions in EU consumer law Strani pravni život consumer law unfair contract terms behavioral approach |
| title | Behavioral approach to unfair terms and conditions in EU consumer law |
| title_full | Behavioral approach to unfair terms and conditions in EU consumer law |
| title_fullStr | Behavioral approach to unfair terms and conditions in EU consumer law |
| title_full_unstemmed | Behavioral approach to unfair terms and conditions in EU consumer law |
| title_short | Behavioral approach to unfair terms and conditions in EU consumer law |
| title_sort | behavioral approach to unfair terms and conditions in eu consumer law |
| topic | consumer law unfair contract terms behavioral approach |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381804007R.pdf |
| work_keys_str_mv | AT radonjicaleksa behavioralapproachtounfairtermsandconditionsineuconsumerlaw |