Unfair Contract Terms in Consumer Contracts

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ADEL MORTEZA; SHAMSOLLAHI MOHSEN

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Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:25 Page(s): 205-233

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Information Journal Paper

Title

Unfair Contract Terms in Consumer Contracts

Author(s)

ADEL MORTEZA | SHAMSOLLAHI MOHSEN | Issue Writer Certificate

Keywords

Unfair Contract TermsQ1

abusive clausesQ1

Standard ContractsQ1

Consumer ContractsQ1

Abuse of Stronger Contractual PositionQ1

Inequality in Bargaining PowerQ1

Abstract

Nowadays, the increase in using the contracts in which one party has a stronger position against the weaker party provides the stronger party a possibility to insert some unfair terms in contract. In recent years, some countries have tried to enact some legislation to protect the weaker party against such terms. This Article examines comparatively regulations on Unfair Contract Terms in EU in order to consider its historical development, what an unfair contract term is and why the weaker party should be protected against such terms. General contract rules and some special protective Acts that have been adopted in recent years in Iranian law arises the question of how the protection of weaker party considers, especially consumers, against Unfair Contract Terms. Our view is that although general rules and special acts, to some extent, protect the weaker party against unfair terms, it is necessary to enact new protective Acts for the purpose of full protection of consumers against these terms.

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APA: Copy

ADEL, MORTEZA, & SHAMSOLLAHI, MOHSEN. (2019). Unfair Contract Terms in Consumer Contracts. PRIVATE LAW, 7(25 ), 205-233. SID. https://sid.ir/paper/252644/en

Vancouver: Copy

ADEL MORTEZA, SHAMSOLLAHI MOHSEN. Unfair Contract Terms in Consumer Contracts. PRIVATE LAW[Internet]. 2019;7(25 ):205-233. Available from: https://sid.ir/paper/252644/en

IEEE: Copy

MORTEZA ADEL, and MOHSEN SHAMSOLLAHI, “Unfair Contract Terms in Consumer Contracts,” PRIVATE LAW, vol. 7, no. 25 , pp. 205–233, 2019, [Online]. Available: https://sid.ir/paper/252644/en

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